A collection of the statutes made in the reigns of King Charles the I. and King Charles the II. with the abridgment of such as stand repealed or expired. Continued after the method of Mr. Pulton. With notes of references, one to the other, as they now stand altered, enlarged or explained. To which also are added, the titles of all the statutes and private acts of Parliament passed by their said Majesties, untill this present year, MDCLXVII. With a table directing to the principal matters of the said statutes. By Tho: Manby of Lincolns-Inn, Esq.

Anno Reg. CAROLI , Regis Angliae , Scotiae , Franciae , & Hiberniae , Primo .

AT the Parliament begun at Westminster the Eighteenth day of June , Anno Dom. 1625. in the first year of the Reign of our most gracious Soveraign Lord , CHARLES , by the grace of God , of Great Britain , France , and Ireland , King , Defender of the Faith , &c. And there continued untill the Eleventh day of July following , and then adjourned until the first day of August following , unto Oxford ; To the high pleasure of Almighty God , and to the Weal publick of this Realm , were enacted as followeth .

CAP. I.

There shall be no Assemblies for unlawful Pastimes upon the Lords Day .

FOrasmuch as there is nothing more acceptable to God than the true and sincere Service and Worship of him according to his holy Will , and that the holy kéeping of the Lords Day is a principal part of the true Service of God , which in very many places of this Realm hath béen , and now is prophaned and neglected by a disorderly sort of people , in exercising and frequenting Bear-baiting , Bull-baiting , Enterludes , common Playes , and other unlawful Exercises and pastimes upon the Lords Day : And for that many quarrels , blood-sheds , and other great inconveniences have grown by the resort and concourse of people going out of their own Parishes to such disordered and unlawful exercises and pastimes , neglecting Divine Service both in their own Parishes and elsewhere : Be it enacted by the Kings most excellent Majesty , the Lords Spiritual and ●emporal , and the Commons in this present Parliament assembled , and by the authority of the same , Vnlawful Writings and Pastimes on the Lords Day forbidden . That from and after forty dayes next after the end of this Session of Parliament , there shall be no méetings , assemblies , or concourse of people out of their own Parishes on the Lords Day within this Realm of England , or any the Dominions thereof , for any sports and pastimes whatsoever ; nor any Bear-baiting , Bull-baiting , Enterludes , common Plays , or other unlawful exercises and pastimes used by any person or persons within their own Parishes , Every person using any unlawfull pastimes on the Lords Day , shall forfeit 3 s. 4 d. to the poor of the Parish . and that every person or persons offending in any the premisses , shall forfeit for every offence thrée shillings four pence , The same to be employed and converted to the use of the poor of the Parish where such offence shall be committed : And that if any one Iustice of the Peace of the County , or the chief Officer or Officers of any City , Borough , or Town corporate where such offence shall be committed , upon his or their view , or confession of the party , or proof of any one or more witness by oath , which the said Iustice or chief Officer or Officers shall by vertue of this Act have authority to minister , shall find any person offending in the premisses , the said Iustice or chief Officer or Officers shall give Warrant under his or their hand and seal to the Constables or Church-wardens of the Parish or Parishes where such offence shall be committed , After conviction by Warrant from a Iustice , &c. the Constables , &c. may levy the P●na●●s &c. General ●ss●● Limitation of this act●on . The Ecclesiastical ●●●●●diction 〈◊〉 abridge● , to levy the said penalty so to be assessed , by way of distress , and sale of the goods of every such offendor , rendring to the said offendors the overplus of the money raised of the said goods so to be sold ; And in default of such distress , that the party offending be set publickly in the stocks by the space of thrée hours ; And that if any man be sued or impeached for execution of this Law , he shall and may plead the general Issue , and give the said matter of Iustification in evidence . Provided , That no man be impeached by this Act , except he be called in question within one moneth next after the said offence committed . Provided also , That the Ecclesiastical Iurisdiction within this Realm , or any the Dominions thereof , by vertue of this Act , or any thing therein contained , shall not be abridged , but that the Ecclesiastical Court may punish the said offences , as if this Act had not béen made : This Act to continue until the end of the first Session of the next Parliament , and no longer . 3 Car. 4. continued until the end of the first Session of the next Parliament . Stat. 3 Car. 1. 17 Car. cap. 4. continued until other Order by Parliament .

CAP. II.

All Leases to be made within three years by the Kings Majesty of the Dutchy-Lands of Cornwall confirmed .

WHereas the King our Soveraign Lord , being in the life-time of his Royal Father of blessed memory , seized of the said Dukedom of Cornwall , did bargain and contract for Leases and Estates to be made of divers Messuages , Lands , Tenements , and Hereditaments , parcel of the said Dukedom of Cornwall , which Leases and Estates his Majesty was enabled to have made in his Fathers life-time , by an Act of Parliament made in the last Session of Parliament , intituled , An Act to enable the most excellent Prince Charles to make Leases of Lands , 21 Jac. 29. parcell of his Highness Dutchy of Cornwall , or annexed to the same . And because his Majestie having received divers Fines and summes of Money , according to the said Contracts , and having entred into Treaty with divers others for like Estates , the finishing of which Contracts , and making the said Leases , was prevented by his Majesties access to the Imperial Crown of this Realm , is graciously pleased for the good of his poor Tenants of the said Dutchy Lands , to procéed to the full accomplishment of the Contracts , and Leases of the premisses .

All Leases to be made within three years by the King , of the Dutchy Lands of Cornwall if all be good . Be it therefore Enacted by our said Soveraign Lord the King , the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of this present Parliament , That all Leases to be made within the space of thrée years next ensuing by our said Soveraign Lord the King , by Letters Patents , Indentures , or other Writings under his great Seal of England , or Seal of the Court of Exchequer , of any Manors , Lands , Tenements , or Hereditaments , parcel of the possessions of the said Dutchy of Cornwall , or annexed to the same , shall be good and effectual in Law , according to the purport and content of the said Leases , against our said Soveraign Lord the Kings Maiesty , his Heirs and Successors , and against all and every person or persons , that shall hereafter have , inherit or enjoy the said Dukedom of Cornwall , by force of any Act of Parliament or other limitation whatsoever .

Except they be made for above 3● years or 3 lives , &c. Provided alwayes , That every such Lease so to be made , of any Manors , Lands , Tenements , or Hereditaments in possession shall be made but for thrée Lives , or fewer , or for one and thirty years or under , or some other tearm of years determinable upon one , two , or thrée lives , and not above . And if such Leases be made in reversion , That then the same , together with the Estates in possession , do not excéed thrée Lives , or the terme of one and thirty years , and not in any wise dispunishable of waste : The ancient Rent to be reserved , and if none anciently , a reasonable Rent . And so as upon every such Lease shall be reserved the ancient or most usual rent , or such rent as hath béen yielded or payed for the greater part of twenty years next before the making of the said Leases , and shall be reserved due and payable , by , or to him or her that shall have the Inheritance or other Estate of the said Manors , Lands , Tenements or Hereditaments . And where no such rent hath béen reserved or payable , that then upon every such Lease , there shall be reserved a reasonable rent , not being under the twentieth part of the clear yearly value of the Manors , Lands , Tenements , or Hereditaments contained in such Lease .

All covenants &c. contained in such Leases shall be good . And be it further Ordained and Enacted by Authority of this present Parliament , That all Covenants , Conditions , and Reservations , and other Agréements contained in every Lease so to be made as aforesaid , shall be good and effectual in Law , according to the words and contents of the same , as well for , and against them to whom the reversion of the same Manors , Lands , Tenements , or Hereditaments shall come , as for and against them to whom the said Leases shall come respectively : As if our said Soveraign Lord the Kings Majesty at the time of the making of such Covenants , Conditions , and Reservations , and other Agréements , were seized of an absolute and indefeizible Estate in Fée-simple , in the same Manors , Lands , Tenements , or Hereditaments : Saving always to all and every person and persons , The right of others saved , bodies Politick and Corporate , their heirs and successors , executors , administrators and assigns , ( other then our said Soveraign Lord the Kings Majestie , and his Heirs , and all and every person and persons that shall hereafter have , inherit , or enjoy the said Dukedom of Cornwall , by force of any Act of Parliament or other limitation whatsoever ) all such rights , titles , estates , customs , interests , terms , claims , and demands whatsoever , of what kind , nature , or quality soever , of , in , to , or out of the said Manors , Lands , Tenements , or Hereditaments , or any of them , as they or any of them had , or ought to have had before the making of this Act , to all intents and purposes , and in as large and ample manner and form , as if this Act had never béen had or made : This Act or any thing therein contained to the contrary notwithstanding .

CHAP. III.

An Act for the Ease in obtaining of Licenses of Alienation , and in the Pleading of Alienations with Licence , or of Pardons of Alienations without Licence in the Court of Exchequer , or elsewhere , Stat. 12. Car. 2. cap. 24. All Fines , Seizures , and Pardons for Alienations , and all incidents thereunto are taken away and discharged .

CHAP. IV.

Forreigners , as well as Inhabitants , shall not be permitted to tipple in Inns , Ale-houses , &c.

21 Jac. 5. WHereas in the last Parliament it was Enacted , That if any person or persons , whatsoever his or their ha●itation or abiding be , should after be found , upon view , or his own confession , or proof of one witness , to be tippling in any Inn , Ale-house , or Victualling-house ; 1 Jac. 5. 4 Jac. 5. such person or persons should be thenceforth adjudged and construed to be within the Statutes of the first and fourth years of the late Kings Majesties reign , King James of famous memory : The one intituled , An Act to restrain the inordinate haunting of tippling in Inns , Ale-houses , and other Victualling-houses : And the other intituled , An Act to repress the odious and loathsom sin of Drunkenness , as if he or they had inhabited and dwelled in the City , Town Corporate , Market town , Village or Hamlet , where the Inn , Alehouse , or Victualling-house was , or should be , where he or they should be so found tippling , should incur the like penalty , and the same to be in such sort levied and disposed , as in the said Act is expressed , concerning such as there inhabit , but no punishment by any or either the said Acts , or by any other Statute , is inflicted upon the Inn-kéeper , Alehouse-kéeper , or Victualler , that permits , or suffers such person or persons , not there inhabiting , to tipple in his Inn , Ale-house , or Victualling-house : The Inn-keeper , &c. that permits a forreigner to tipple in his house , shall ●●e●r the penalty provided by 2 Jac. ● . For remedy whereof , Be it Enacted , That every Inn-kéeper , Alehouse-kéeper , and other Victualler , that at any time after the end of this Session of Parliament shall permit and suffer any person or persons , not inhabiting in the City , Town Corporate , Market town , Village or Hamlet , where such Inn , Alehouse , or Victualling-house is or shall be , to tipple in the said Inn , Alehouse or Victualling-house , contrary to the true intent of any or either of the said former Statutes , the said Inn-kéeper , Alehouse-kéeper , and Victualler so offending , shall incur the same penalty , and in such manner to be proved , levied and disposed , as in the former Statute of the first year of his said late Majesties reign is appointed for permitting such to tipple as dwell in the same City , Town corporate , Market town , Village or Hamlet .

And be it further enacted , That the kéepers of Taverns , Vintners and Victuallers to be within this and the other Statutes . and such as do sell Wine in their houses , and do also kéep Inns , or Victualling in their houses , shall be taken to be within the said two former Statutes , and also within this Statute .

CAP. V.

Three entire Subsidies granted by the Spiritualty . EXP.

CAP. VI.

Two entire Subsidies granted by the Temporalty . EXP.

CAP. VII .

This Session of Parliament ( by reason of the encrease of the Sickness and other inconveniencies of the season requiring a speedy Adjournment , nevertheless ) shall not determine by his Majesties Royal assent to this and some other Acts. EXP.

ANd all Statutes and Acts of Parliament , Acts that are to have continuance shall remain in fo●ce . which are to have continuance unto the end of this present Session , shall be of full force after the said Adjournment , until this present Session be fully ended and determined : And if this Session shall determine by dissolution of this present Parliament , then all the Acts aforesaid shall be continued until the end of the first Session of the next Parliament : And all Statutes and Acts of Parliament , When the Acts which are now to pass shall take effect . which before the said Adjournment shall pass by his Majesties royal Assent , shall be put in execution immediately after forty dayes after the said Adjournment , notwithstanding that by the words or letter of the said Acts , or any of them , they be limited to take effect , or be put in execution , from ; or at any time after the end of this present Session .

Anno Reg. Caroli , Regis Angliae , Scotiae , Franciae , & Hiberniae , Tertio .

AT the Parliament began at Westminster the Seventeenth day of March , Anno Dom. 1627. in the Third year of the Reign of our most gracious Soveraign Lord , CHARLES , by the grace of God , of England , Scotland , France , and Ireland , King , Defender of the Faith , &c. And there continued until the Twenty sixth day of June following , and then prorogued unto the twentieth day of October next ensuing : To the high pleasure of Almighty God , and to the weal publick of this Realm , were enacted as followeth .

A Declaration of divers Rights and Liberties , of the People to the Kings most Excellent Majesty .

HVmbly shew unto our Soveraign Lord the King , the Lords Spiritual and Temporal , The Petition of Right . and Commons in Parliament assembled , That whereas it is declared and Enacted by a Statute made in the time of the Reign of King Edward the First , 34 Ed. 1. commonly called Statutum de Tallagio non concedendo , That no Tallage or Aid shall be laid or levied by the King or his Heirs in this Realm , without the good will and assent of the Archbishops , Bishops , Earls , Barons , Knights , Burgesses , and other the Fréemen of the Commonalty of this Realm ; And by Authority of Parliament holden in the five and twentieth year of the reign of King Edward the third , 25 Ed. 3. Rot. Parl. it is declared and Enacted , That from thenceforth no person should be compelled to make any Loans to the King against his will , because such Loans were against reason , and the Franchise of the Land ; 1 Ed. 3. 6. 11 R. 2. 9. 1 R. 3. 2. And by other Laws of this Realm it is provided , That none should be charged by any Charge or Imposition called a Benevolence , nor by such like charge : By which the Statutes before mentioned , and other the good Laws and Statutes of this Realm , your Subjects have inherited this Fréedom , That they should not be compelled to contribute to any Tax , Tallage , Aid , or other like charge , not set by common consent in Parliament :

Yet nevertheless , of late , divers Commissions , directed to sundry Commissioners in several Counties , with instructions , have issued ; by means whereof your People have béen in divers places assembled , and required to lend certain sums of Money unto your Majesty , and many of them , upon their refusal so to do , have had an Oath administred unto them , not warrantable by the Laws or Statutes of this Realm , and have béen constrained to become bound to make Appearance and give Attendance before your Privy Councel , and in other places ; and others of them have béen therefore imprisoned , confined , and sundry other ways molested and disquieted : And divers other Charges have béen laid and levied upon your People in several Counties by Lord-Lievetenants , Deputy-Lievetenants , Commissioners for Musters , Iustices of Peace , and others , by command or direction from your Majesty , or your Privy Councel , against the Laws and frée Customs of this Realm :

9. H. 3. 29. And where also by the Statute called The great Charter of the Liberties of England , It is declared and Enacted ; That no Fréeman may be taken or imprisoned , or be disseised of his Fréehold , or Liberties , or his frée Customs , or be outlawed or exiled , or in any manner destroyed , but by the lawful judgement of his Péers , or by the Law of the Land :

28. Ed. 3. 3. And in the eight and twentieth year of the reign of King Edward the third , it was declared and Enacted by Authority of Parliament , That no man , of what estate or condition that he be , should be put out of his Land or Tenements , nor taken , nor imprisoned , nor disherited , nor put to death , without being brought to answer by due process of Law :

St. 37. Ed. 3. 18. St. 38 Ed. 3 9. St. 42 Ed. 3. 3. St. 17. R. 2. 6. Nevertheless , against the tenor of the said Statutes , and other the good Laws and Statutes of your Realm to that end provided , divers of your Subjects have of late béen imprisoned without any cause shewed : And when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas corpus , there to undergo and receive as the Court should order , and their Kéepers commanded to certifie the causes of their detainer , no cause was certified , but that they were detained by your Majesties special command , signified by the Lords of your Privy Councel , and yet were returned back to several Prisons , without being charged with any thing to which they might make answer according to the Law :

25. Ed. 3. 9. And whereas of late great Companies of Souldiers and Mariners have béen dispersed into divers Counties of the Realm , and the Inhabitants , against their wills , have béen compelled to receive them into their houses , and there to suffer them to sojourn , against the Laws and Customs of this Realm , and to the great grievance and vexation of the People :

25. Ed. 3. 9. And whereas also by Authority of Parliament , in the five and twentieth year of the raign of King Edward the third , it is declared and Enacted , That no man should be fore-judged of life or limb against the form of the Great Charter and Law of the Land ; 9. H. 3. 28. 25. Ed 3. 4. 28. Ed. 3. 3 And by the said Great Charter , and other the Laws and Statutes of this your Realm , no man ought to be adjudged to death , but by the Laws established in this your Realm , either by the Customs of the same Realm , or by Acts of Parliament : And whereas no offendor , of what kinde soever , is exempted from the procéedings to be used , and punishments to be inflicted by the Laws and Statutes of this your Realm ; Nevertheless , of late divers Commissions under your Majesties great Seal have issued forth , by which certain persons have béen assigned and appointed Commissioners , with power and authority to procéed within the Land , according to the Iustice of Martial Law , against such Souldiers and Mariners , or other dissolute persons joyning with them , as should commit any Murther , Robbery , Felony , Mutiny , or other outrage or misdemeanor whatsoever , and by such summary course and order as is agréeable to Martial Law , and as is used in Armies in time of War , to procéed to the trial and condemnation of such Offendors , and them to cause to be executed and put to death according to the Law Martial :

By pretext whereof some of your Majesties Subjects have béen by some of the said Commissioners put to death , when and where , if by the Laws and Statutes of the Land they had deserved death , by the same Laws and Statutes also they might , and by no other ought to have béen judged and executed .

And also sundry grievous Offendors , by colour thereof claiming an exemption , have escaped the punishments due to them by the Laws and Statutes of this your Realm , by reason that divers of your Officers and Ministers of Iustice have unjustly refused or forborn to procéed against such Offendors according to the same Laws and Statutes , upon pretence that the said Offendors were punishable onely by Martial Law , and by Authority of such Commissions as aforsaid ; Which Commissions , and all other of like nature , are wholly and directly contrary to the said Laws and Statutes of this your Realm :

The Petition . They do therefore humbly pray your most excellent Majesty , That no man hereafter be compelled to make or yield any Gift , Loan , Benevolence , Tax , or such like charge , without common consent by Act of Parliament ; And that none be called to make answer , or take such Oath , or to give attendance , or be confined , or otherwise molested or disquieted concerning the same , or for refusal thereof ; And that no Fréeman , in any such manner as is before mentioned , be imprisoned or detained ; And that your Majesty would be pleased to remove the said Souldiers and Mariners , and that your People may not be so burthened in time to come : And that the foresaid Commissions for procéeding by Martial Law , may be revoked and annulled ; And that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever , to be executed as aforesaid , lest by colour of them any of your Majesties Subjects be destroyed , or put to death , contrary to the Laws and Franchise of the Land .

All which they most humbly pray of your most excellent Majesty , as their Rights and Liberties , according to the Laws and Statutes of this Realm ; And that your Majesty would also vouchsafe to declare , That the awards , doings and procéedings , to the prejudice of your People , in any of the premisses , shall not be drawn hereafter into consequence or example : And that your Majesty would be also graciously pleased , for the further comfort and safety of your People , to declare your royal will and pleasure , That in the things aforesaid , all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm , as they tender the Honor of your Majesty , and the Prosperity of this Kingdom . Stat. 17 Car. cap. 14.

CAP. I.

A restraint of divers abuses committed on the Lords day .

FOrasmuch as the Lords day , commonly called Sunday , is much broken and prophaned by Carriers , Waggoners , Carters , Wain-men , Butchers and Drovers of Cattle , to the great dishonor of God , and reproach of Religion ; Be it therefore enacted by the Kings most excellent Majesty , and the Lords Spiritual and Temporal , and by the Commons in this present Parliament assembled , and by the Authority of the same , That no Carrier with any Horse or Horses , A Carrier &c. that travels upon the Lords day , shall forfeit 20. s. nor Waggon-men with any Waggon or Waggons , nor Car-men with any Cart or Carts , nor Wain-man with any Wain or Wains , nor Drovers with any Cattel , shall after forty days next after the end of this present Session of Parliament , by themselves , or any other , travel upon the said Day , Butchers that sell or kill victual upon that day , shall forfeit 6. s. 8. d. upon pain that every person and persons so offending shall lose and forfeit twenty shillings for every such offence : Or if any Butcher by himself , or any other for him , by his privity or consent , shall after the end of the said forty daies , kill or sell any Victual upon the said Day ; That then every such Butcher shall forfeit and lose for every such offence the sum of six shillings and eight pence ; The said offences , and every of them , being done in view of any Iustice of Peace , Mayor , or other head Officer of any City or Town corporate , within their limits respectively , or being proved upon Oath by two or more witnesses , or by the confession of the party offending , before any such Iustice , Mayor , or head Officer , within their several limits respectively , wherein such offence shall be committed ; To which end , every such Iustice , Mayor , or head Officer , shall have power by this Act to minister an Oath to such witness or witnesses : All which sums or penalties shall or may be levied by any Constable , After conviction , and by warrant from a Iustice , &c. the Constables &c. may levy the said forfeitures to the use of the poor ; or they may be recovered by Suit . or Church-warden , by Warrant from any such Iustice or Iustices of the Peace , Mayor , or other head Officer as aforesaid , within their several limits where such offence shall be committed or done , by distress and sale of the Offendors goods , rendring to the party the over-plus ; or shall be recovered by any person or persons that will sue for the same , by Bill , Plaint , or Information , in any of his Majesties Courts of Record , in any City or Town corporate , before his Majesties Iustices of the Peace in their General Sessions of the Peace : All which forfeitures shall be employed to and for the use of the poor of the Parishes where the said offences shall be committed or done , saving onely that it shall be lawful to and for any such Iustice , Mayor , or head Officer , out of the said Forfeitures , to reward any such person or persons that shall inform or otherwise prosecute any person or persons offending against this present Act , according to their discretions , so that such reward excéed not the third part of the Forfeiture : Provided that such Bill , Plaint , or Information shall be commenced , sued and prosecuted in the County , City , or Town corporate , where such offence shall be committed and done , and not elsewhere , wherein no Essoin , Protection or Wager of Law shall be allowed to the Defendant . Provided always , That it shall be lawful for any Constable or Church-warden , that shall have any Suit or Action brought against them for any Distress by them or any of them to be taken by force of this present Act , to plead the general Issue , and to give the special matter in Evidence ; Provided likewise , That no person or persons whatsoever shall be impeached by this Act , unless he be thereof questioned within six moneths after the Offence committed . Provided further , That this Act shall not in any sort abridge or take away the Authority of the Court Ecclesiastical . This Act to continue to the end of the first Session of the next Parliament . St. 1 Car. 1. Continued and made perpetual . 17 Car. cap. 4.

CAP. II.

A restraint of passage , or sending any person beyond the Seas to be Popishly bred .

FOrasmuch as divers ill affected persons to the true Religion established within this Realm , have sent their children into foreign parts to be bred up in Popery , 1. Jac. 4. He that goes himself , or sends any other beyond the seas to be trained up in Popery , &c. shall be disabled to sue , &c. and shall lose all his goods , and shal forfeit all his lands , &c. for life . Stat. 27 El. 2. Stat. 3 Jac. 5. notwithstanding the restraint thereof by the Statute made in the first year of the reign of our late Soveraign Lord King James of famous memory ; Be it Enacted , That the said Statute shall be put in due execution : And be it further Enacted by the Kings most excellent Majesty , and the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of the same , That in case any person or persons , under the obedience of the King , his heirs and Successors at any time after the end of this Session of Parliament , shall pass or go , or shall convey or send , or cause to be sent or conveyed , any Childe , or other person , out of any of the Kings Dominions , into any the parts beyond Seas , out of the Kings obedience , to the intent and purpose to enter into , or be resident or trained up in any Priory , Abbey , Nunnery , Popish Vniversity , Colledge or School , or House of Iesuits , Priests , or in any private Popish Family , and shall be there , by any Iesuite , Seminary Priest , Friar , Monk , or other Popish person , instructed , perswaded , or strengthned in the Popish Religion , in any sort to profess the same , or shall convey or send , or cause to be conveyed or sent , by the hands or means of any person whatsoever , any sum or sums of Money , or other thing , for or towards the maintenance of any Childe , or other person , already gone or sent , or to go , or to be sent , and trained and instructed , as is aforsaid , or under the name or colour of any Charity , Benevolence , or Alms , towards the relief of any Priory , Abbey , Nunnery , Colledge , School , or any Religious House whatsoever : Every person so sending , conveying , or causing to be sent and conveyed , as well any such Childe or other person , as any sum or sums of Money , or other thing , and every person passing or being sent beyond the Seas , being thereof lawfully convicted , in or upon any Information , presentment , or Indictment , as is aforesaid , shall be disabled from thenceforth to sue or use any Action , Bill , Plaint , or Information , in course of Law , or to prosecute any Suit in any Court of Equity , or to be Committée of any Ward , or Executor or Administrator to any person , or capable of any Legacy or Déed or Gift , or to bear any Office within the Realm , and shall lose and forfeit all his Goods and Chattels , and shall forfeit all his Lands , Tenements and Hereditaments , Rents , Annuities , Offices , and Estates of Fréehold , for and during his natural life .

A convert shall not incur the penalties aforesaid . Stat. 27. El. 2. Provided always , That no person sent or conveyed as aforesaid , that shall within six moneths after his return into this Realm , conform himself unto the present Religion , established in this Church of England , and receive the Sacrament of the Lords Supper , according to the Statutes made concerning Conformity in other cases required from Popish Recusants , shall incur any the penalties aforesaid .

And it is enacted , That all and every of the Offences against this Statute may be inquired , heard and determined before the Iustices of the Kings-Bench , or Iustices of Assise , or Gaol-delivery , or of Oyer and Terminer of such Counties where the Offendors did last dwell or abide , or whence they departed out of this Kingdom , or where they were taken .

Provided also , That if any person or Childe , so passing , or sent , or now being beyond the Seas , shall after his return into this Realm , conform himself to the present Religion , established in this Church of England , and receive the Sacrament of the Lords Supper , according to the Statutes made for or concerning Conformity in other cases required from Popish Recusants , for and during such time as he or she shall so continue in such Conformity and obedience , according to the true intent and meaning of the said Laws and Statutes , shall have his or her Lands restored to them again .

CAP. III.

The Forfeiture and Punishment of him that keeps an Alehouse without License .

VVHereas , by an Act made in the fifth year of the reign of King Edward the sixth of famous memory , intituled , an Act for kéepers of Alehouses to be bound by Recognizance , amongst other things , ● . & 6. Ed. 6. 25 it is enacted , That if any person or persons , other then such as should be from thenceforth admitted and allowed by the Iustices mentioned in the said Act , should after the day in the said Act limited , obstinately , and upon his own authority , take upon him or them to kéep a common Alehouse or Tippling-house , or should , contrary to the commandment of the said Iustices , or two of them , use commonly selling of Ale or Béer , That then the said Iustices of Peace , or two of them ( whereof one to be of the Quorum ) should , for every such offence , commit every such person or persons so offending to the Common Gaol within the same Shire , City , Borough , Town corporate , Franchise or Liberty , there to remain without bayl or mainprise by the space of thrée days : And before his or their deliverance , the said Iustices shall take recognizance of him or them so committed , with two Sureties , that he or they should not kéep any common Alehouse , Tippling-house , or use commonly selling of Ale or Béer , as by the discretion of the said Iustices should séem convenient : And the said Iustices should make Certificate of every such Recognizance and Offence , at the next Quarter Sessions that should be holden within the same Shire , City , Borough , Town corporate , Franchise or Liberty , where the same should be committed or done , which Certificate should be a sufficient Conviction in Law of the same Offence : And the said Iustices of Peace , upon the said Certificate made , should in open Sessions assess the Fine for every such Offence at twenty shillings , as by the said Act may appear : Which Law hath not wrought such Reformation as was intended , for that the said Fine of twenty shillings is seldom levied , and for that many of the said Offendors , by reason of their poverty , are neither able to pay the said Fine of twenty shillings , nor yet to bear their own Charges of conveying them to the Gaol ; And moreover , do leave a great charge of Wife and Children upon the Parishes wherein they live : In regard whereof , the Constables and other Officers are much discouraged in presenting them , and the Offendors become obstinate and incorrigible :

For remedy whereof , Be it Enacted by the Authority of this present Parliament , That if any person or persons , He that keeps an Alehouse , &c. without license , shall forfeit 20. s after forty days next ensuing the end of this present Session of Parliament , shall upon his own authority , not being thereunto lawfully licensed , take upon him , or them , to kéep a common Alehouse or Tippling house , or use commonly selling of Ale , Béer , Syder , or Perry , That then every such person or persons , shall for every such Offence forfeit and lose the sum of twenty shillings of currant money of England , to the use of the poor of the Parish where such offence shall be committed ; The same offence being viewed and séen by any Mayor , Bailiff , or Iustice of Peace , or other head Officer , within the several limits , or confessed by the party so offending , or proved by the oath of two witnesses to be taken before any Mayor , Bailiff , or other head Officer , or any one or more Iustice or Iustices of the Peace , The Constables or Church-wardens shall levy the said forf . to the use of the Poor . who by vertue of this Act shall be authorised to minister the said oath to any person or persons that can or will justifie the same , being within the limits of their said Commission ; The said penalty to be levyed by the Constables or Church-wardens of the parish or parishes where the said offence shall be committed ; Who shall be accountable therefore to the use of the poor of the said parish by way of distress , to be taken and detained by warrant or precept , from the said Mayor , Bailiff , Iustice or Iustices , or other head Officer , by whom the said offence shall be viewed , or before whom the same shall be confessed , or proved as aforesaid : and for default of satisfaction , within thrée daies next ensuing , The party that is not able to pay the forf . shall be whipped . the said distress to be by the said Constables or Church-wardens apprised and sold , and the overplus to be delivered to the party or parties offending , and this to be only for the first offence . And if such offender or offenders shall not have sufficient Goods and Chattels whereby the said twenty shillings may be levyed by way of distress , as aforesaid , or shall not pay the said sum of twenty shillings , within six daies after such conviction as aforesaid , That then the said Mayor , Bailiff , Iustice or Iustices , or other head Officer , before whom the said Offender shall be convicted as aforesaid , shall commit all and every the said offender or offenders to some Constable or Constables , or other inferiour Officer or Officers of the City , Borough , Town , Parish or Hamlet , where the offence shall be committed , or the party apprehended , to be openly whipped for the said offence , as the said Iustice or Iustices shall limit or appoint .

And be it Enacted by the authority aforesaid , The officer neglecting to punish the offender shall be imprisoned or pay ten shillings . That if any Constable or inferiour Officer shall neglect to execute the said precept or warrant , or do refuse , or do not execute by himself , or some other to be by him appointed , upon the offender the punishment limited by this Statute , that in that case it shall and may be lawful for the said Mayor , Bailiff , Iustice or Iustices of Peace , or other head Officer , to commit the Constable or other inferiour Officer so refusing , or not executing the said punishment by himself or some other , to the common Gaol of the said County , City , or Town corporate , there to remain without bail or mainprise , untill the said Offender or Offenders shall be by the said Constable or Constables , or other inferiour Officer so refusing , or not executing the said punishment , or some by his or their procurement , punished and whipped , as is above limited and declared , or untill he or they so neglecting or refusing , shall have paid the sum of forty shillings of lawful money of England , unto the use of the poor of the parish for their said contempt .

And be it further Enacted , For the second and third offence the offender shall be committed to the house of correction . that if the said Offender or Offenders being an unlicensed Alehouse-keeper , shall offend in any of the premisses the second time , and be thereof lawfully convicted in manner and forme aforesaid , That then the said Mayor , Bailiff , Iustice or Iustices of the Peace , or other head Officer shall commit him , her , or them unto the house of Correction , there to remain for the space of one moneth , and be dealt withall as idle , lewd and disorderly persons . And if such Person or Persons shall again offend , and shall be thereof convicted , as aforesaid , that then the said offender and offenders , for every such offence , shall be committed unto the said house of Correction , as aforesaid , there to remain until by the order of the Iustices in their general Sessions for the County , City , Borough , or Franchise , he , she , or they shall be delivered from thence .

Provided alwayes , that such offender or offenders , as shall be punished by vertue of this act , The offender punished by this act , shall not be again punished by 5 & 6 Ed. 6. 25. & contra . Alehouses kept in the time of Fairs excepted . shall not be punished again for the same offence by the former Act , made in the fifth year of King Edward the sixth aforementioned . And that such offender or offenders as shall be punished by vertue of the before mentioned Act , made in the fifth year of King Edward the sixth , shall not be punished again for the same offence by vertue of this present Act , nor any thing therein contained .

Provided alwayes , That in such Towns and places , where any Fair or Fairs shall be kept , that for the time only of the same Fair or Fairs , it shall be lawful for every person or persons to use common selling of Ale or Béer in Booths , or other places there , for the relief of the Kings Subjects that shall repair unto the same , in such like manner and sort as hath béen used and done in times past , this Act , or any thing therein contained to the contrary notwithstanding . St. 11 H. 7. 2. 1 Jac. 9. 4 Jac. 10. 21 Jac. 7. 1 Car. 4.

CAP. IV.

Divers Statutes made perpetual , others continued , and some others repealed . 1 El. 17. When Corn may be transported , &c.

BE it Enacted by the authority of this present Parliament , That one Act made in the first year of the reign of the late Quéen Elizabeth , intituled , An Act for the preservation of spawn and fry of fish , except the proviso in the said Act mentioned , that the same Act shall not extend to the Rivers of Twéed , nor Waters or Rivers , whereof the Quéen was answered of any yearly rent or profit , nor to Farmers , Owners or Occupiers of the Rivers of Wye , Vske , 13 El. 20. and other Rivers in the said proviso mentioned or contained : One Act made in the thirteenth year of the reign of the late Quéen Elizabeth , intituled , An Act touching leases of Benefices , and other Ecclesiastical livings with Cure , together with all and every explanations , additions , 27 El. not printed . and alterations thereof , or of any of them , or to any of them , made by several Statutes , in the fourtéenth , eightéenth , 3 J●c . 8. The four acts above mentioned , made perpetual . and thrée and fortieth years of her said late Maiesties reign .

And one Act made in the seven and twentieth year of the reign of the late Quéen Elizabeth , intituled , An Act for the maintenance of the Péer and Cobb of Lyme Regis in the County of Dorset .

21 Jac. 17. made perpetual . And one Act made in the third year of the reign of the late King James , intituled , An Act for the avoiding of unnecessary delayes of executions , be by authority of this present Parliament , made perpetual , and shall from henceforth stand in full force and effect , and be put in due execution for ever hereafter .

And be it also enacted by the same authority , That one Statute made in the one and twentieth year of the reign of the late King James , intituled , An Act against Vsury , which act was to continue for the space of seven years , from the four and twentieth day of June , which then should be in the year of our Lord , one thousand six hundred twenty and five , and so to the end of the first Session of Parliament then next following , be also by authority of this Parliament made perpetual .

2● H. 12. And it is further enacted , by the authority aforesaid , That one Act made in the one and twentieth year of the reign of the late King Henry the eighth , intituled , an Act for the true making of Cables , Halters and Ropes :

And that part of one Act made in the Parliament holden at Westminster by prorogation the fourth day of November , 3 & 4 Ed. 6. 1● . and continued untill the first day of February next after , in the third and fourth years of the reign of the late King Edward the sixth , by which it is ordained and enacted , That no Person or Persons after the time in the said Act mentioned , shall sell again alive Cattel in the said act mentioned , at or in the Market or Fair wherein he bought the same , during the time of the same Fair or Market , under the pains therein contained :

And that no person being a Butcher , and using the craft or mystery of Butchery , shall at any time after the said feast buy any fat Oxen , Stéers , Ronts , Kine , Heifers , Calves , or Shéep , and sell , or cause to be sold the same again alive , upon pain of forfeiture of every such Ox , Stéer , Ront , 3 & 4 Ed. 6. 21. Cow , Heifer , Calves or Shéep , bargained or sold contrary to the forme of that Act :

One other Act made in the same Parliament , intituled , an Act for the buying and selling of Butter and Chéese , together with one Statute made in the Parliament holden in the one and twentieth year of the reign of the late King James , 21 Jac. 22. intituled , an Act for the explanation of the Statutes made in the third , and fourth , and fifth years of the reign of the said late King Edward the sixth , concerning the traders of Butter and Chéese :

● El 5. And so much of an Act made in the fifth year of the Reign of the late Quéen Elizabeth , intituled , an Act touching certain politick constitutions , made for the maintenance of the Navy , as is not repealed by any later Statute , nor doth concern the eating of flesh , or using of fish upon the Wednesday ; Nor the transportation of herring , or other Sea fish ; Nor fréedom of subsidy , Custome or Tonnage for the same : Nor Transportation of Corn , nor the prohibiting the bringing into this Realm any Cod or Ling in Barrels or other Casks , together with all and every other additions , explanations and alterations made thereunto , or thereof , or of any part thereof , by any Statute or Statutes made sithence the making of the said last mentioned Act , and in force the last day of the Session of Parliament that was in the one and twentieth year of the Reign of the late King James :

5 El. 7. And one other Act made in the said fifth year , intituled , an Act for avoiding divers forreign wares made by handy-crafts Men beyond the Seas :

8 El. 10. And an Act made in the eighth year of the Reign of the said late Quéen Elizabeth , intituled , an Act for Bowyers , and the prices of Bows :

13 El. 21. And one Act made in the thirtéenth year of the Reign of the late Quéen Elizabeth , intituled , an Act that Purveyors may take Corn and Victuals within five miles of Cambridge and Oxford in certain cases :

14 El. 5. And so much of an Act made in the fourtéenth year of the Reign of the said late Quéen Elizabeth , intituled , an Act for the punishment of Vagabonds , and the relief of the poor and impotent , as concerneth the taxing , rating , levying and imploying of Gaol-mony :

●8 El. 3. And so much of an Act made in the eightéenth year of the Reign of the said late Quéen Elizabeth , intituled , an Act for the setting the poor on work , and avoiding Idleness , as concerneth Bastards begotten out of lawful Matrimony , with this , that all Iustices of the Peace within their several limits and precincts , and in their several Sessions , may do and execute all things concerning that part of the said Statute , that by Iustices of the Peace in the several Counties are by the said Statute limited to be done :

18 El. 20. And an Act made in the said eightéenth year of the reign of the said late Quéen Elizabeth , intituled , an Act for repairing and amending the Bridges and High-wayes near unto the City of Oxford :

2● El. not printed . And one Act made the seven and twentieth year of the Reign of the said late Quéen Elizabeth , intituled , an Act for the good Government of the City or Borough of Westminster :

27 El. 14 3 & 4 Ed. 6. 20. 27 El 28. And two other Acts made in the said seven and twentieth year of the Reign of the said late Quéen Elizabeth , the one intituled , an Act for reviving of a former Statute , for the true making of Mault , together with the Statute by the said Act revived ; and the other intituled , an Act for the kéeping of the Sea banks , and Sea works in the County of Norfolke :

And one Act made in the one and thirtieth year of the Reign of the late Quéen Elizabeth , 31 El. 8. intituled , an Act for the true gawging of Vessels brought from beyond the Seas , converted by Brewers for the utterance and sale of Ale and Béer :

And two Acts made in the five and thirtieth year of her said late Maiesties Reign , 35 El. 10. the one intituled , an Act for the Reformation of sundry abuses in Cloaths , called Devonshire Kersies or Dozens , according to a Proclamation of the four and thirtieth year of her said Maiesties Reign ; the other intituled , an Act for the bringing in of Clapboard from the parts beyond the Seas , 35 El. 11. and the restraining of the transporting of wine Casks , for the sparing and preserving of Timber within the Realm :

And so much of one Act made in the five and thirtieth year of the Reign of the said late Quéen Elizabeth , intituled , an Act to retain the Quéens Majesties Subjects in their due obedience , 35 El. 2. as hath not béen since repealed by any other Statute :

And the several Acts hereafter mentioned , 39 El. 4. made in the nine and thirtieth year of the Reign of the late Quéen Elizabeth , that is to say , an Act intituled , an Act for the punishment of Rogues , Vagabonds , and sturdy Beggars , with the provision annexed thereunto , 2 Jac. 25. 39 El. 10. by one Act made in the first year of the reign of the late King James , intituled , an Act for continuing and reviving of divers Statutes , and for repealing of some others : An Act intituled , St. 23 El. 7. 39 El. 14. an Act for the increase of Mariners , and for maintenance of Navigation , repealing a former Act made in the thrée and twentieth year of her said Majesties Reign , bearing the same title : an Act intituled , an Act prohibiting the bringing into the Realm of forreign Cards for Wool ; an Act intituled , St. 23 El. 7. 39 El. 14. 39 El. 16. 39 El. 17. 43 El. 3. 43 El. 5. 43 El. 2. 1 Jac. 25 an Act for restraining the excessive making of Mault ; an Act against lewd and wandring persons , pretending to be Souldiers or Mariners : And the several Acts hereafter mentioned , made in the thrée and fortieth year of the said late Quéen Elizabeth ; that is to say , an Act intituled , an Act for the necessary relief of Souldiers and Mariners ; an Act intituled , an Act to avoid trifling and frivolous Suits in Law in her Majesties Courts at Westminster ; an Act intituled , An Act for relief of the Poor , with the addition thereunto made , by an Act made in the first year of the reign of the late King James , intituled , an Act for continuing of divers Statutes , and for repeal of some others , and with this further addition : And be it Enacted , The Overseers of ●o● Poor may put out Apprentices . The Church-wardens , &c. may set up any Trade to ●●n● the poor work . 43 El. 10. 43 El. 5. 1 Jac. 7. St. 39 El. 4. 1 Jac. 8. 1 Jac. 22. That all persons to whom the Overséers of the Poor shall according to the said Act binde any children Apprentices , may take and receive , and kéep them as Apprentices : And also that the Churchwardens and Overséers of the Poor , mentioned in the said Act , made in the said thrée and fortieth year , may by , and with the consent of two or more Iustices of the Peace , whereof one to be of the Quorum , within their respective limits , wherein shall be more Iustices than one ; and where no more shall be than one , with the assent of that one Iustice of the Peace , set up , use , and occupy any Trade , Mystery , or Occupation , only for the setting on work , and better relief of the Poor of the Parish , Town , or Place , of , or within which they shall be Church-wardens or Overséers of the Poor , any former Statute to the contrary notwithstanding : An Act intituled , an Act for the true making and working of Woollen Cloth ; an Act intituled , an Act to prevent Perjury , and subornation of Perjury , and unnecessary expence in Suits of Law : And the several Acts made in the first year of the reign of the late King James , after mentioned : One Act intituled , an Act for continuance and explanation of the Statute made in the nine and thirtieth year of the reign of the late Quéen Elizabeth , intituled , an Act for punishment of Rogues , Vagabonds and sturdy Beggars ; another intituled , an Act to take away the benefit of Clergy for some kind of Man-slaughter : another intituled , an Act concerning Tanners , Curriers , Shoo-makers , and other Artificers , occupying the cutting of Leather , saving for such part thereof as is repealed by one other Act , St. 4 Jac. 6. 1 Jac. 27. made in the fourth year of his said late Maiesties reign of England , in that behalf : Another intituled , an Act for the better execution of the intent and meaning of former Statutes made against shooting in Guns , and for the preservation of the Game of Pheasants and Partridges , and against the destroying of Hares with Hare-pipes , 1 Jac. 18. 1 Jac. 6. St. 5 El. 4 1 Jac. 31. and tracing Hares in the Snow ; an Act intituled , an Act for avoiding of Deceit in Selling , Buying , or spending corrupt and unwholsome Hops ; an Act intituled , an Act for explanation of the Statute made in the fifth year of the late Quéen Elizabeths reign , concerning Labourers : an Act for the charitable relief and ordering of persons infected with the Plague : And the several Acts made in the third year of the Reign of the late King James , after mentioned , That is to say , 3 Jac. 9. 3 Jac. 10. 3 Jac. 11. one Act intituled , an Act for relief of such as lawfully use the Trade and Handy-craft of Skinners : Another Act intituled , an Act for rating and levying of the charges for conveying of Malefactors and Offendors to the Gaol : Another Act for transporting of Béer over the Seas : 3 Jac. 13. 4 Jac. 11. One other intituled , an Act against unlawful hunting and stealing of Déer and Conies : And one Act made in the fourth year of the reign of the said late King James , intituled , an Act for the better provision of Meadow and pasture , for the necessary maintenance of Husbandry and Tillage , in the Mannors , 7 Jac. 1. Lordships , and Parishes of Merden , alias Mawarden , Boddenham , Wellington , Sutton Saint Michael , Sutton Saint Nicholas , Murton upon Lugge , and the Parish of Pipe , 7 Jac. 4. 7 Jac. 12. and every of them , in the County of Hereford : And the several Acts made in the seventh year of the Reign of the late King James after mentioned , the one intituled , an Act for the better execution of Iustice , and suppressing of criminal Offenders in the North parts of the Kingdome of England : 7 Jac. 12. 7 Jac. 13. Another intituled , an Act for the due execution of divers Laws and Statutes heretofore made against Rogues , Vagabonds , and sturdy Beggars , and other lewd and idle persons : St. 3 Jac. 23. 7 Jac. 18. Another intituled , an Act to prevent the spoil of Corn and Grain by untimely hawking , and for the better preservation of Pheasants and Partridges : One other Intituled , an Act to avoid the double payment of Debts : One other Intituled , An Act for the explanation of one Statute made in the second Session of that present Parliament , intituled , an Act against unlawful hunting of Déer and Conies : And one other Act intituled , an Act for the taking , landing , and carrying of Sea-sand for the bettering of grounds , 25 H. 8. 11. and for the increase of Corn and Tillage within the Counties of Devon and Cornwall : And that one part of the Statute made in the five and twentieth year of the Reign of the late King Henry the eighth , intituled , an Act for the destruction of wild fowl , which was repealed by a later Act in the Parliament holden in the third and fourth years of the reign of the late King Edward the sixth , S● . 3 & 4. El. ● . 7. S● . 21. Jac. 28. ● M. 5. and revived in the Parliament holden in the one and twentieth year of the Reign of the late King James : and one Act made in the first year of the Reign of the late Quéen Mary , for and concerning the making , repairing and amendment of the common high-way and Causey , in the Counties of Dorset and Sommerset , betwéen the Towns of Shaftsbury and Sherborn , St. ●1 ●● . ●8 . 21 ●ac . 6. 21 Jac. 18 in the County of Dorset , and revived in the said one and twentieth year : And also the several Acts hereafter mentioned , made in the said one and twentieth year of the Reign of the late King James : That is to say , an Act intituled , an Act concerning Women convicted of small felonies ; 4 Jac. 2. 21 Jac. 20. 21 Jac. 27. and one Act intituled , an Act for the continuance of a former Statute made in the fourth year of the Reign of the said late King James , intituled , an Act for the true making of woollen clothes , The 5● Statutes above mentioned continued untill the end of the first Session of the next Parliament . and for some addition and alterations , in and to the same , together with so much of one Act made in the said fourth year as was in force the last day of the Session of Parliament , holden in the said one and twentieth year : and one other Act , intituled , an Act to prevent and reform prophane swearing and cursing : and one Act , intituled , an Act to prevent the destroying and murdering of bastard Children , by vertue of this Act , shall be , and continue until the end of the first Session of the next Parliament in force and effect , as the same were the first day of the Session of Parliament , 1 Car. 1. Continued . Continued til some other Act be made for continuance or discontinuance of the said Act. Mat. 17 Car. cap. 4. When Corn may be transported . Start 21 Jac. 28. holden in the first year of the reign of our Soveraign Lord the King that now is : And be it also Enacted , that one Statute made in the said first year of his Majesties Reign that now is , intituled , an Act for punishing of divers abuses committed on the Lords day , shall continue in force untill the end of the next Session of Parliament .

Provided nevertheless , that so much of every of the said Act , as by any new Act made in this Session of Parliament , are or shall be explained , altered or repealed , shall for so much thereof from the end of this Session of Parliament stand & be in force , as by those other Acts shall be ordained .

Provided also , and be it further Enacted by the authority of this present Parliament , That when the prises of Corn or Grains at the times , Havens and Places , when and where the said Corn or Grain shall be bought , shipped or laden , excéed not the rates hereafter following , viz. the quarter of Wheat at thirty and two shillings the quarter ; the quarter of Rye , at twenty shillings ; the quarter of Pease and Beans , at sixteen shillings ; the quarter of Barley or Mault , at sixtéen shillings , of currant English money ; That then it shall be lawful for all and every person and persons , being Subjects of the Kings Maiesty , His Heirs and Successors , and born within this Realm , to carry and transport of his own , and to buy to sell again , in Markets and out of Markets , and to kéep , or sell , or carry and transport any of the said Corns and Grains , from the places where they shall be of such prices , unto any part beyond the Seas , in amity with his Majesty , as Merchandize in Ships , Crayers , or other Vessels , whereof any English born Subject or Subjects then shall be the owner or owners , or the same to carry and sell in other places within this Realm or Dominion thereof : Any Law , Statute , or Vsage to the contrary hereof notwithstanding . And that the Kings Majesty , The Custom and Punsdage of Corn. his Heirs and Successors , shall have and receive by the Customers and Officers of his Ports , for the Custom or Poundage of every quarter of Wheat to be transported , by force of this Statute , out of this Realm , two shillings of every quarter ; of other grain , sixtéen pence : which said several sums so to be had and taken as Custom or Poundage , shall be in full satisfaction of all manner of Custom or Poundage for the said Corn or Grain , by any Constitution , Order , Statute , Law , or Custom heretofore made , used , or taken , for transporting of any such manner of Corn or Grain , or made in this present Session of Parliament , or hereafter to be made .

The Kings Proclamation may restrain transportation of Corn. Provided alwayes , and be it Enacted by the authority of this present Parliament , That the Kings Majesty , his Heirs and Successors , may at all times by his and their Writ of Proclamation to be published generally in the whole Realm , or in any of the Counties of this Realm , where any Ports are , command , that no person shall by vertue of this Act , transport or convey any manner of Grain out of his Highness Dominions generally , or out of any special Ports to be in the said Proclamation particularly named , for such time as shall be therein limited and appointed : And it shall not be lawful for any person to carry out any such Grain contrary to the tenor of the said Proclamation , upon such pains and forfeitures as by the Laws and Statutes of this Realm , are and have béen provided and ordained in that behalf , This Act or any thing therein contained to the contrary notwithstanding .

Welsh Cottons . Provided also , and be it Enacted , that no person or persons shall incur any penalty , for want of length , breadth , or weight of Welsh Cottons , under the price of 15 d. the yard , or 2 s. the goad , so as they be not mixed with hair , or other deceitful stuff , nor for any others above that price , except they shall be mixed as aforesaid , or shall shrink above the rate of half a yard in 12 yards of length , or weigh less than fourteen ounces the yard , or hold not full three quarters of a yard broad .

16 E. ● . ● . And be it also Enacted by the authority aforesaid , That that part of one Statute made in the fi●teenth year of the reign of the late King Richard the second , by which it is ordained , that no manner of Spicery , after that it be brought into the Realm , shall be carried out of the same Realm by Aliens nor by Denizens , upon pain of forfeiture thereof : And one Statute made in the sixteenth year of the reign of the late King Richard the second concerning Liveries : 16 R. 2. 4. 20 R. 2. 2. and one other Statute made in the twentieth year of the reign of the late King Richard the second , by which it is ordained that no Vaclets , called Yeomen , nor other of lesser estate than an Esquire , shall use or bear any sign of Livery , called Livery of Company of any Lord within the Realm : And one Statute made in the first year of the reign of the late King Henry the fourth , concerning giving of Liberies : 7 H. 4. 7. 6 H. 4. 14. 13 H. 4. 3. 8 H. 6. 4. 8 Ed. 4. 2. 3 H. 7. 1. 3 H. 7. 12. A repeal of the 9 Statutes last mentioned . And one statute made in the 7th year of the reign of the late King Hen. the 4th . concerning giving of Liveries : And one other Statute made in the 13th year of the reign of the late King Henry the fourth , concerning giving of Liveries : And one Statute made in the eighth year of the reign of the late King Henry the sixth , concerning Liveries : And one Statute made in the eighth year of the reign of the late King Edward the fourth , concerning Liveries : and so much of one Statute made in the third year of the reign of the late King Henry the seventh , concerning the Star-Chamber , as toucheth or concerneth the punishment of those that shall give or take Liveries : And one other Statute made in the said third year , concerning taking of Liveries by the Kings Officers and Farmers , be from henceforth repealed .

And be it also enacted by authority of this Parliament , 7 Jac. 20. continued untill the next Parliament . that one Act of Parliament made in the seventh year of the reign of the late King James , intituled , An Act for the speedy recovery of many thousand Acres of marsh grounds , and other grounds , within the Counties of Norfolk and Suffolk , lately surrounded by the rage of the Sea , in divers parts of the said Counties , and for the prevention of the danger of the like surrounding hereafter , be continued , and shall stand in force untill the end of the next Session of Parliament . 17 Car. cap. 4.

CAP. V.

The Estates of the Tenants of Bromfield and Yale , in the County of Denbigh , and of the Tenures , Rents , and Services thereupon reserved , ( according to the late composition made for the same with the Kings most Excellent Majesty , then Prince of Wales ) ratified and confirmed . PR.

CAP. VI.

Five Subsidies granted by the Spiritualty . EXP.

CAP. VII .

Five Subsidies granted by the Temporalty , Anno quarto Caroli Regis . EXP.

Anno Regni Caroli Regis Angliae , Scotiae , Franciae , & Hiberniae , Decimo Sexto .

AT the Parliament begun at Westminster the third day of Novemb. An. Dom. 1640. In the sixteenth year of the Reign of CHARLES the first , by the Grace of God , of England , Scotland , France , and Ireland King , Defender of the Faith , &c. To the High pleasure of Almighty God , and to the weal publick of this Realm , were Enacted as followeth :

CAP. I.

Parliaments to be called and held every third year . REP. & ALT. 16 Car. 2. cap. 1.

CAP. II.

A Grant of four entire Subsidies for the Relief of His Majesties Army and the Northern parts of the Kingdom . EXP.

CAP. III.

Some things mistaken in the last Act reformed , and the Acts of the Commissioners and other Officers by them appointed , made good . EXP.

Anno decimo septimo Caroli Regis .

CAP. IV.

A Grant of two Subsidies for the further Relief of His Majesties Army , and the Northern parts of the Kingdom . EXP. And divers Statutes continued .

ANd be it Enacted by the Authority aforesaid , That the passing of this present Act , Divers Statutes continued . or of any other Act or Acts , or his Majesties Royal Assent to them or any of them in this present Session of Parliament , shall not be any determination of the said Session , 3 Car. cap. 4. continued further . and that all Statutes and Acts of Parliament which have their continuance , or were by an Act of Parliament made in the third year of the Reign of his Majesty that now is , intituled , An Act for the Continuance and Repeal of divers Statutes , continued untill the end of the first Session of the then next Parliament , shall by vertue of this Act be adiudged ever since the Session of Parliament in the said third year to have been of such force and effect , as the same were the last day of that Session , and from thenceforth until some other Act of Parliament be made touching the continuance or discontinuance of the said Statutes and Acts in the said Act of the third year of his Majesties Reign continued as aforesaid .

CAP. V.

The Lord Admiral and others by his authority may Raise and Impress Mariners , Sailers , and others , for the present guarding of the Seas , and necessary Defence of the Realm . EXP.

CAP. VI.

Michaelmas Term abbreviated .

Inconvenience● Michaelmas term being so soon after the feast of Saint Michael . VVHereas the Term of S. Michael , commonly called Michaelmas Term , doth begin so soon after the Feast of Saint Michael , that it is generally found to be very inconvenient to His Majesties Subjects both Nobles and others , as well for the keeping of the Quarter Sessions next after the Feast of Saint Michael the Archangel , and the keeping of their Léets , Law-dayes , and Court-Barons , which they can by no means attend , in regard of the necessity of their coming to the said Term so spéedily after the Feast of Saint Michael the Archangel , to appear upon Iuries , and to follow their Causes and Suits in the Law , the same time being the chief time of all the year for the sowing of Land with Winter Corn , and for the disposing and setting in order of all their Winter Husbandry and business , and for the receiving and paying of Rents ; And in many parts of this Kingdom Harvest is seldom or never Inned till three wéeks after the said Feast .

Therefore the Kings most Excellent Majesty , out of the Princely care that he hath of all his loving Subjects , having a special care to the encrease and continuance of their wealth and good Estates , by the assent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the authority of the same , Ordaineth , Enacteth , and Establisheth , That in the said Michaelmas Term there shall be six common dayes of Return only , and not above ; that is to say , The first day of Return thereof shall be , and be called , A die Sancti Michaelis in tres Septimanas ; In Michaelmas term shall be lie common dayes of Return only . The second day of Return of the same Term , shall be , and be called , A die Sancti Michaelis in unum mensem ; The third day of Return of the same Term , shall be , and be called , In Crastino animarum ; The fourth day of Return of the same Term , shall be , and be called , In Crastino Sancti Martini ; The fifth day of Return of the same Term , shall be , and be called , In Octabis Sancti Martini ; And the sixth day of Return of the said Term , shall be , and be called , A die Sancti Martini in quindecem dies .

And that the same dayes of Return shall be observed in all the High Courts of Record of our Soveraign Lord the King , his Heirs and Successors hereafter to be holden at Westminster , or other place or places at the assignment or appointment of our Soveraign Lord the King , His Heirs and Successors ; And that from and after the Feast of Saint Michael the Archangel next coming , The Return dayes to be observed . there shall not be , nor be called any dayes of Return in Octabis Sancti Michaelis , nor a die Sancti Michaelis in quindecem dies , nor either of them ; And that the said Term of Saint Michael yearly for ever , from and after the said Feast of Saint Michael the Archangel next coming , begin in and upon the said Tres septimanas Sancti Michaelis , whensoever it shall happen to fall ( except it be on the Lords day , commonly called Sunday , and then on the morrow next after ) for the keeping of the Essoins , Proffers , Returns , and other Ceremonies heretofore used and kept in like manner and form , Two return dayes taken away . as hath been used to be done in the day of the Return , commonly called , Octabis Sancti Michaelis , and that the full Term of Saint Michael shall yearly for ever , When the term shall begin . from and after the Feast of Saint Michael next coming , in all the aforesaid Courts of Rec●●d begin , and take his commencement upon the quarto die of the said tres septimanas Sancti Michaelis , and not before , as formerly it hath been used upon the quarto die of Octabis Sancti Michaelis , ( except it be on the Lords day , commonly called Sunday , and then on the morrow next after .

And be it further enacted by the authority aforesaid , that if after the Feast of Saint Michael the Archangel next coming , H●w dayes shall ●e given or W●●ts in real actions , other then writs of entry , right , or advowson , or dower . any Writ in any real Action other then Writs of Entry for common Recoveries , and writs of right of Advowson , and writs of Dower , Unde nihil habet hereafter mentioned , come in , and be returnable in His Majesties Court of Common Pleas , in the day of Return of Tres septimanas Sancti Michaelis , then day shall be given in Crastino Purificationis beatae Mariae ; And if a die Sancti Michaelis in unum mensem , then in Octabis Purificationis beatae Mariae ; if in Crastino animarum , then in Quindena Paschae ; if in Crastino Sancti Martini , then a die Paschae in tres septimanas ; if in Octabis Sancti Martini , then a die Paschae in unum mensem ; if in Quindena Sanc● Martini , then in quinque septimanas Paschae ; if in Octabis Sancti Hillarii , then in Crastino Ascensionis Domini ; if in Quindena Sancti Hillarii , then in Crastino Sanctae Trinitatis ; if in Crastino Purificationis beatae Mariae , then in Octabis Sanctae Trinitatis ; if in Octabis Purificationis beatae Mariae , then in Quindena sanctae Trinitatis ; if in Quindena Paschae , then a die sanctae Trinitatis in tres septimanas ; if a die Paschae in tres septimanas , then a die Sancti Michaelis in tres septimanas ; if a die Paschae in unum mensem , then a die Sancti Michaelis in unum mensem ; if a die Paschae in quinque septimanas , then in Crastino animarum ; if in Crastino Ascensionis Domini , then in Crastino Sancti Martini ; if in Crastino sanctae Trinit . then in Octabis sancti Martini ; if in Octabis sanctae Trinitatis , then in Quindena sancti Ma●●ini ; if in Quindena sanctae Trinitatis , then in Octabis sancti Hillarii ; if a die sanctae Trinitatis in tres septimanas , then in Quindena Sancti Hillarii .

How dayes shall be given in the●● writs . And for the more speedy proceeding in Writs of Dower , and Writs of Entry for common Recoveries , to be sued and prosecuted , by Writs of Entry , or Writs of Right of Advowson : Be it further enacted , by the Authority aforesaid , That if after the said Feast of Saint Michael the Archangel next coming , any Writ of Dower unde nihil habet , or any writ of Entry whereupon a common Recovery is to be sued , or Writs of Right of Advowson be returnable , a die Sancti Michaelis in tres septimanas , then a day shall be given in Octabis Sancti Martini ; if a die Sancti Michaelis in unum mensem , then in Quindena Sancti Martini ; if in Crastino animarum , then in Octabis Sancti Hillarii ; if in Crastino Sancti Martini , then in Quindena Sancti Hillarii ; if in Octabis Sancti Martini , then in Crastino Purificationis beatae Mariae ; if in Quindena Sancti Martini , then in Octabis Purificationis beatae Mariae ; if in Octabis Sancti Hillarii , then in Quindena Paschae ; if in Quindena Sancti Hillarii , then a die Paschae in tres septimanas ; if in Crastino Purificationis beatae Mariae , then a die Paschae in unum mensem ; if in Octabis Purificationis beatae Mariae , then a die Paschae in quinque septimanas ; if in Quindena Paschae , then in Crastino Ascentionis Domini ; if a die Paschae in tres septimanas , then in Crastino Sanctae Trinitatis ; if in Mense Paschae , then in Octabis Sanctae Trinitatis ; if in Quinque septimanas Paschae , then in Quindena Sanctae Trinitatis ; if in Crastino Ascentionis Domini , then a die Sanctae Trinitatis in tres septimanas ; if in Crastino Sanctae Trinitatis , then a die Sancti Michaelis in tres septimanas ; if in Octabis Sanctae Trinitatis , then a die Sancti Michaelis in unum mensem ; if in Quindena Sanctae Trinitatis , then in Crastino Animarum ; if a die Sanctae Trinitatis in tres septimanas , then in Crastino Sancti Martini .

Provided nevertheless , and be it likewise enacted by the Authority aforesaid , In writs of Dower after issue joyned , fifteen dayes between the Teste and return sufficient . that in all writs of Dower , Unde Nihil habet , after issue joyned , it shall not be néedful or requisite to have above fifteen dayes betwixt the Teste and Return of the Venire facias , or any other Process to be sued out for the trial of the said issue , but that the Writ of Venire facias , and other Process after Issue joyned , untill judgment be given , having only fifteen dayes betwéen the Teste and Return thereof , shall be good and effectual in Law , as is used in personal Actions : any Law , Statute , or usage to the contrary heretofore notwithstanding .

And be it further enacted by the Authority aforesaid , Crastino Ascentionis a good return . that from and after the Feast of Saint Michael the Archangel now next coming , the said day of Return , called Crastino Ascentionis Domini , shall be a good and perfect Return , to all intents and purposes , as any other of the said dayes of Return before mentioned is or hath béen used , notwithstanding there be not fiftéen dayes between the quarto die of the said Return of Crastino Ascentionis Domini , The Essoin dayes . and the Essoin day of the Return of Crastino Sanctae Trinitatis .

And be it further enacted , Writs in personal actions , hauing day from tres Michaelis , till Crastino Ascentionis good . Proviso for writs returnable 1641. Exp. That all Writs and Process in personal Acttions hereafter to be made out of any of his Majesties said Courts at Westminster , and having day from tres Michaelis , untill Crastino Animarum , shall be good and effectual in Law , notwithstanding there be not fiftéen dayes betwixt the quarto die of the said tres septimanas sancti Michaelis , and the dayes of Essoin of Crastino Animarum ; Any Law , Statute , or Vsage to the contrary heretofore notwithstanding .

Provided alwayes , and be if further Enacted , by the Authority aforesaid , that all writs and Process to be made , from and after the Feast of Easter , in the year of our Lord God 1641. Returnable in Octabis , or Quindena sancti Michaelis now next ensuing , or having dayes betwixt any of the said Returns , shall by force of this Act have day , unto tres septimanas sancti Michaelis next , and the parties to the said writs and Process shall then appear , and plead , and procéed thereupon , to all intents and purposes , as if the said Writs and Process had béen made returnable a die sancti Michaelis in tres septimanas .

And whereas before the making of this Act , Writs of summons ad Warrantizandum , upon common recoveries , and writs of Right of Advowson abridged to five Returns . all Writs of Summons ad Warrantizand . against the Vouchées upon Common Recoveries had in writs of Entry , and writs of Right of Advowson , were made for nine Returns inclusive ; Now for the more spéedy perfecting of such Recoveries , Be it Enacted by the Authority aforesaid , that from and after the said Feast of Saint Michael the Archangel next , all and every such writs of Summons ad Warrantizand . upon the appearance of the Tenant to every such writ of Entry , and writ of Right of Advowson , shall and may be made , and abridged to five Returns , as writs of Summons , ad Warrantizand . in writs of Dower , unde nihil habet , heretofore have been used and accustomed .

And it is further Enacted , by the Authority aforesaid , that all common writs and Process , Common writs & process to keep the aforesaid returns . as well personal as mixt , which shall fortune to be returnable in the said Michaelmas Term , shall have and kéep the said Returns of A die sancti Michaelis in tres septimanas , a die sancti Michaelis in unum mensem , in Crastino animarum , in Crastino Sancti Martini , in Octabis Sancti Martini , and a die Sancti Martini in Quindecem dies , or any of them .

Provided alwayes , And it is further Enacted by the authority aforesaid , Special dayes may be appointed as have been used . Dayes in assise of Darrein presentment , and in plea of quare impedit , and in attaint , not contrary hereto shall be firm . that in such and like cases , and Process , as special dayes have béen used to be appointed and assigned , and given for the returning of writs , and Process ; It shall be lawful to the Iustices of every of the Kings said Courts of Record , for the time being , in all the Process by them awarded , to assign , and appoint special dayes of Returns , as by their discretions shall be thought convement .

Provided also , and be it further Enacted by the Authority aforesaid , That the dayes in Assise of Darrein presentment , and in Plea of Quare Impedit , limited and appointed by the Statute of Marlebridge , and also the dayes to be given in Attaint , limited in the Statute made in the fifth year of the Reign of the Noble King Edward the third ; And also in the Statute made in the thrée and twentieth year of the Raign of the late King Henry the eighth of worthy memory , being not contrary to the Tenours of this Act , shall be holden firm and stable , and shall stand in their full force and effect .

CAP. VII .

1 Stat. 12. Car. 2. cap. 1. This Parliament shall not be Dissolved , Prorogued , or Adjourned , but by Act of Parliament . EXP.

CAP. VIII .

Tunnage and Poundage . A Subsidy Granted to the King of Tunnage , Poundage , and other sums of Money payable upon Merchandize Exported and Imported , from the 25th of May , 1641. to the 14th of July next . EXP.

CAP. IX .

Provision of Money for the speedy Disbanding the Armies , and setling the Peace of the two Kingdoms of England and Scotland , by raising and charging several sums of Money upon persons according to their Ranks , Dignities , Offices , Callings , Estates , and Qualities therein mentioned , and Commissioners to issue for levying the same . EXP.

CAP. X.

For Regulating the Privy Councel , and for taking away the Star-Chamber-Court .

Recital of Ma●●-Ch●rl● , and several Statutes . St. 3. li. 7. 1. 5 E. 3. cap. 9. VVHereas by the Great Charter many times confirmed in Parliament , It is Enacted , That no Fréeman shall be taken or imprisoned or disseised of his Fréehold or Liberties or Frée Customs , or be Outlawed or exiled , or otherwise destroyed , and that the King will not pass upon him , or condemn him but by lawful Iudgment of his Péers , or by the Law of the Land ; And by another Statute made in the fifth year of the Reign of King Edward the Third , It is Enacted , That no man shall be attached by any accusation , nor fore-judged of life or limb , nor his Lands , Tenements , Goods , nor Chattels seised into the Kings hands against the form of the Great Charter , and the Law of the Land ; and by another Statute made in the five and twentieth year of the Reign of the same King Edward the Third , 25 E. 3. cap. 4. Stat. 5. It is accorded , assented , and established , that none shall be taken by petition , or suggestion made to the King , or to his Councel , unless it be by Indictment or Presentment of good and lawful people of the same Neighbourhood where such Déeds be done , in due manner , or by Process made by Writ Original at the Common Law , and that none be put out of his Franchise or Free-hold , unless he be duly brought in to answer , and foreiudged of the same by the course of the Law , and if any thing be done against the same , it shall be redressed and holden for none . 28 E. 3. cap. 3. And by another Statute made in the eight and twentieth year of the reign of the same King Edward the Third , It is amongst other things Enacted , That no man of what Estate or condition soever he be , shall be put out of his Lands or Tenements , nor taken , nor imprisoned , nor disinherited , without being brought in to answer by due process of Law ; And by another Statute made in the two and fortieth year of the Reign of the said King Edward the Third , 42 E. 3. c. 3. It is Enacted , That no man be put to answer without presentment before Iustices , or matter of Record , or by due process and writ original , according to the Old Law of the Land , and if any thing be done to the contrary , it shall be void in Law , and holden for error . And by another Statute made in the six and thirtieth year of the same King Edward the Third , 36 E. 3. c. 15. It is amongst other things Enacted , That all pleas which shall be pleaded in any Courts before any the Kings Iustices , or in his other places , or before any of his other Ministers , or in the Courts and places of any other Lords within the Realm , shall be entred and inrolled in Latine ; And whereas by the Statute made in the third year of King Henry the seventh , 3 H. 7. cap. 1. power is given to the Chancellor , the Lord Treasurer of England for the time being , and the Kéeper of the Kings Privy Seal , or two of them , calling unto them a Bishop and a Temporal Lord of the Kings most Honourable Councel , and the two Chief Iustices of the Kings Bench and Common Pleas , for the time being , or other two Iustices in their absence to procéed , as in that Act is expressed , for the punishm●●● of some particular offences therein mentioned , And by the Statute made in the One and t●●ntieth year of King Henry the Eighth , 21 H. 8. cap. 20 The President of the Councel is associated to joyn with the Lord Chancellor and other Iudges in the said Statute of the third of Henry the seventh mentioned , But the said Iudges have not kept themselves to the points limited by the said Statute , but have undertaken to punish where no Law doth warrant , and to make Decrées for things having no such Authority , and to inflict heavier punishments then by any Law is warranted :

All matters ●●●minable in 〈◊〉 Star-Chamber ma● be ●●●●●nable and 〈◊〉 ●●o by the Common Law . And forasmuch as all matters examinable , or determinable before the said Iudges , or in the Court commonly called the Star-Chamber , may have their proper remedy and redress , and their due punishment , and correction by the Common Law of the Land , and in the Ordinary course of Iustice elswhere ; and forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease ; and the procéedings , Censures , and Decrées of that Court , have by experience been found to be an intolerable burthen to the Subject , and the means to introduce an Arbitrary Power and Government ; And forasmuch as the Councel-Table , hath of late times assumed unto it self , a power to intermeddle in Civil causes and matters , only of private interest betwéen party and party , and have adventured to determine of the Estates and Liberties of the Subiect , contrary to the Law of the Land , and the Rights and Priviledges of the Subject , by which great and manifold mischiefs and inconveniencies have arisen , and happened , and much incertainty by means of such procéedings hath béen conceived concerning Mens Rights , and Estates ; For setling whereof , and preventing the like in time to come ;

Be it Ordained and Enacted by the Authority of this present Parliament , Court of Star-Chamber and all its powers dissolved . That the said Court commonly called the Star-Chamber , and all Iurisdiction , Power , and Authority belonging unto , or exercised in the same Court , or by any the Iudges , Officers or Ministers thereof , be from the first day of August , in the year of our Lord God , One thousand six hundred forty and one , clearly and absolutely dissolved , taken away , and determined ; and that from the said first day of August , neither the Lord Chancellor , or Kéeper of the Great Seal of England , the Lord Treasurer of England , the Kéeper of the Kings Privy-Seal , or President of the Councel , nor any Bishop , Temporal Lord , Privy-Councellor , or Iudg , or Iustice whatsoever , shall have any power , or authority to hear , examine , or determine any matter , or thing whatsoever , in the said Court commonly called the Star-Chamber , or to make , pronounce , or deliver any Iudgment , Sentence , Order , or Decrée , or to do any Iudicial , or Ministerial Act in the said Court ; And that all and every Act , and Acts of Parliament , and all and every Article , clause , and sentence in them , and every of them , by which any Iurisdiction , power , or Authority is given , limited , or appointed unto the said Court commonly called the Star-Chamber , or unto all , or any the Iudges , Officers , or Ministers thereof , or for any procéedings to be had , or made in the said Court , or for any matter or thing to be drawn into question , examined , or determined there , shall for so much as concerneth the said Court of Star-Chamber , and the power , and authority thereby given unto it , be from the said first day of August repealed , and absolutely revoked and made void .

And be it likewise Enacted , Like Iurisdiction in several other Courts repealed and taken away . That the like Iurisdiction now used and exercised in the Court before the President , and Councel , in the Marches of Wales , and also in the Court before the President and Councel established in the Northern parts : And also in the Court commonly called , the Court of the Dutchy of Lancaster , held before the Chancellor , and Councel of that Court : And also in the Court of Exchequer of the County Palatine of Chester , held before the Chamberlain and Councel of that Court ; The like Iurisdiction being exercised there , shall from the said first day of August , One thousand six hundred forty and one , be also repealed and absolutely revoked and made void , any Law , prescription , custome , or usage ; Or the said Statute , made in the third year of King Henry the seventh , Or the Statute made the One and twentieth of Henry the Eigth , Or any Act , or Acts of Parliament heretofore had , or made , to the contrary thereof in any wise notwithstanding ; And that from henceforth no Court , Councel , No Court or Councel to have the like Iurisdiction . or place of Iudicature shall be erected , ordained , constituted , or appointed within this Realm of England , or Dominion of Wales , which shall have , use , or exercise the same , or the like Iurisdiction , as is , or hath béen used , practised , or exercised in the said Court of Star-Chamber .

Be it likewise declared , and Enacted by Authority of this present Parliament , The King nor his privy Councel shall have no Iurisdiction over any mans estate . That neither his Majesty , nor his Privy-Councel , have , or ought to have any Iurisdiction , power , or authority , by English Bill , Petition , Articles , Libel , or any other Arbitrary way whatsoever , to examine or draw into question , determine , or dispose of the Lands , Tenements , Hereditaments , Goods or Chattels , of any the Subjects of this Kingdome : But that the same ought to be tryed , and determined in the ordinary Courts of Iustice , and by the ordinary course of the Law .

And be it further provided and Enacted , That if any Lord Chancellor , Penalties upon great Officers and others for the first offence . or Kéeper of the Great Seal of England , Lord Treasurer , Kéeper of the Kings Privy Seal , President of the Councel , Bishop , Temporal Lord , Privy Councellor , Iudg , or Iustice whatsoever , shall offend , or do any thing contrary to the purport , true intent and meaning of this Law , Then he , or they , shall for such offence forfeit the sum of Five hundred pounds of lawful Money of England , unto any party grieved , his Executors or Administrators , who shall really prosecute for the same , and first obtain Iudgment thereupon , to be recovered in any Court of Record at Westminster , by Action of Debt , Bill , Plaint , or Information , wherein no Essoin , Protection , Wager of Law , Aid-Prayer , Priviledg , Injunction , or Order of restraint shall be in any wise prayed , granted , or allowed , nor any more then one Imparlance . And if any person , against whom any such Iudgment , or Recovery , shall be had as aforesaid , shall after such Iudgment or Recovery , offend again in the same , then he , Second offence . or they , for such offence , shall forfeit the sum of One thousand pounds , of lawful money of England , unto any party grieved , his Executors , or Administrators , who shall really prosecute for the same , and first obtain Iudgment thereupon , to be recovered in any Court of Record at Westminster , by Action of Debt , Bill , Plaint , or Information , in which no Essoin , Protection , Wager of Law , Aid-Prayer , Priviledg , Iniunction , or Order of Restraint , shall be in any wise prayed , granted , or allowed , nor any more then one Imparlance . And if any person against whom any such second Iudgment , or Recovery shall be had , as aforesaid , shall after such Iudgment , Third offence . or recovery , offend again in the same kind , and shall be thereof duly convicted , by Indictment , Information , or any other lawful way , , or means , that such person so convicted shall be from thenceforth disabled , and become by vertue of this Act incapable , Ipso facto , to bear his , and their said Office , and Offices respectively , and shall be likewise disabled to make any Gift , Grant , Conveyance , or other disposition of any of his Lands , Tenements , Hereditaments , Goods , or Chattels , or to take any benefit of any Gift , Conveyance , or Legacy to his own use .

And every person so offending shall likewise forfeit and lose unto the party grieved , Treble damages to the party grieved . by any thing done contrary to the true intent and meaning of this Law , his treble damages , which he shall sustain , and be put unto , by means , or occasion of any such Act , or thing done , the same to be recovered in any of his Majesties Courts of Record at Westminster , by Action of Debt , Bill , Plaint , or Information , wherein no Essoin , Protection , Wager of Law , Aid-Prayer , Priviledg , Injunction , or Order of Restraint , shall be in any wise Prayed , Granted , or Allowed , nor any more then one Imparlance .

Every person committed contrary to this Act shall have an Habea● Corpus . And be it also provided and Enacted , That if any person shall hereafter be committed , restrained of his Liberty , or suffer imprisonment by the Order or Decrée of any such Court of Star-Chamber , or other Court aforesaid , now , or at any time hereafter , having , or pretending to have the same , or like Iurisdiction , power , or authority , to commit , or imprison as aforesaid ; Or by the command or Warrant of the Kings Maiesty , his Heirs or Successors in their own Person , or by the command or Warrant of the Councel-board , or of any of the Lords , or others of his Majesties Privy Councel , That in every such case , every person so committed , restrained of his liberty , or suffering imprisonment , upon demand or motion made by his Counsel , or other imployed by him for that purpose , unto the Iudges of the Court of Kings Bench , or Common Pleas , in open Court , shall without delay , upon any pretence whatsoever , for the ordinary Fées usually paid for the same , have forthwith granted unto him a Writ of Habeas Corpus to be directed generally unto all and every Sheriffs , Gaoler , Minister , Officer , or other person , in whose custody the party committed or restrained shall be , and the Sheriffs , Gaoler , Minister , Officer , or other person in whose custody the party so committed or restrained shall be , shall at the return of the said Writ , and according to the command thereof , upon due and convenient notice thereof given unto him , at the charge of the party who requireth or procureth such Writ , and upon security by his own bond given , to pay the charge of carrying back the prisoner , if he shall be remanded by the Court , to which he shall be brought , as in like cases hath béen used , such charges of bringing up , and carrying back the prisoner , to be alwayes ordered by the Court , if any difference shall arise thereabout , bring or cause to be brought the body of the said party so committed , or restrained , unto and before the Iudges or Iustices of the said Court , from whence the same Writ shall issue in open Court , and shall then likewise certify the true cause of such his detainer , or imprisonment , and thereupon the Court within thrée Court-dayes after such return made and delivered in open Court , shall procéed to examine and determine whether the cause of such commitment appearing upon the said return be iust and legal , or not , and shall thereupon do what to Iustice shall appertain , either by delivering , bailing , or remanding the prisoner . And if any thing shall be otherwise wilfully done or omitted to be done by any Iudg , Iustice , Officer , or other person aforementioned , contrary to the direction and true meaning hereof , That then such person so offending shall forfeit to the party grieved , Treble damages in default . his treble damages , to be recovered by such means , and in such manner , as is formerly in this Act limited and appointed for the like penalty to be sued for and recovered .

To what Courts this Act shall extend . Provided alwayes , and be it Enacted , That this Act , and the several clauses therein contained , shall be taken and expounded to extend only to the Court of Star-Chamber , and to the said Courts holden before the President and Councel in the Marches of Wales , and before the President and Councel in the Northern parts ; and also to the Court commonly called the Court of the Dutchy of Lancaster , holden before the Chancellor and Councel of that Court : And also in the Court of Exchequer of the County Palatine of Chester , held before the Chamberlain and Councel of that Court ; And to all Courts of like Iurisdiction to be hereafter erected , ordained , constituted , or appointed as aforesaid ; And to the Warrants and directions of the Councel-boards , and to the commitments , restraints , and imprisonments of any person or persons made , commanded , or awarded by the Kings Majesty , his Heirs or Successors in their own person , or by the Lords and others of the Privy Councel and every one of them .

Offenders of this Act shall be impleaded within two years after any offence . And lastly , provided , and be it Enacted , That no person or persons shall be sued , impleaded , molested , or troubled for any offence against this present Act , unless the party supposed to have so offended , shall be sued or impleaded for the same within two years at the most after such time wherein the said offence shall be committed .

CAP. XI .

A Repeal of the Branch of a Statute primo Elizabethae , concerning Commissioners for Causes Ecclesiastical .

VVHereas in the Parliament holden in the first year of the reign of the late Quéen Elizabeth late Quéen of England , there was an Act made and established , Intituled , An Act restoring to the Crown the antient Jurisdiction over the State Ecclesiastical and Spiritual , St. 1 Eliz. 2 , and abolishing all Forreign Power repugnant to the same ; In which Act , amongst other things , there is contained one Clause , Branch , Article , or Sentence , whereby it was Enacted to this effect ; Namely , That the said late Quéens Highness , her Heirs and Successors , Kings or Quéens of this Realm , should have full power and authority by vertue of that Act by Letters Patent under the Great Seal of England , to assign , name , and authorite , when , and as often as her Highness , her Heirs or Successors , should think méet and convenient , and for such , and so long time as should please her Highness , her Heirs or Successors , such person or persons being natural born Subjects to her Highness , her Heirs or Successors , as her Majesty , her Heirs or Successors should think méet to exercise , use , occupy , and execute under her Highness , her Heirs and Successors , all manner of Iurisdictions , Priviledges and preheminence , in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these her Realms of England and Ireland , or any other her Highnesse Dominions and Countries , and to visit , reform , redresse , order , correct , and amend all such errors , heresies , schismes , abuses , offences , contempts , and enormities whatsoever , which by any manner Spiritual or Ecclesiastical power , Authority or Iurisdiction , can , or may lawfully be reformed , ordered , redressed , corrected , restrained or amended , to the pleasure of Almighty God , the increase of vertue , and the conservation of the Peace and Vnity of this Realm . And that such person or persons so to be named , assigned , authorized and appointed by her Highness , her Heirs or Successors , after the said Letters Patents to him or them made and delivered , as aforesaid , should have full power and Authority by vertue of that Act , and of the said Letters Patents under her Highness , her Heirs or Successors to exercise , use , and execute all the Premisses , according to the tenor and effect of the said Letters Patents , any matter or cause to the contrary in any wise notwithstanding .

And whereas by colour of some words in the aforesaid Branch of the said Act , High Commission Court whereby Commissioners are Authorized to execute their Commission according to the tenor and effect of the Kings Letters Patents , and by Letters Patents grounded thereupon , the said Commissioners have , to the great and insufferable wrong and oppression of the Kings Subjects , used to fine and imprison them , and to exercise other Authority not belonging to Ecclesiastical Iurisdiction restored by that Act , and divers other great mischiefs and inconveniences have also ensued to the Kings Subjects , by occasion of the said Branch and Commissions issued thereupon , and the executions thereof : Therefore for the repressing and preventing of the aforesaid abuses , mischiefs and inconveniencies in time to come ;

Be it Enacted by the Kings most Excellent Majesty , The said branch of the stat. 1 El. c. 2. repealed . and the Lords and Commons in this present Parliament Assembled , and by the Authority of the same , That the foresaid Branch , Clause , Article , or Sentence contained in the said Act , and every word , matter , and thing contained in that Branch , Clause , Article , or Sentence , shall from henceforth be repealed , annulled , revoked , annihilated , and utterly made void for ever , any thing in the said Act to the contrary in any wise notwithstanding . Rep. St. 13 Car. 1. cap. 11.

And be it also Enacted by the Authority aforesaid , that no Archbishop , Bishop , Power taken away from Archbishops , Bishops and other Ecclesiastical persons and Courts . Exp. St. 13. Car. 2. c. 12. nor Vicar-General , nor any Chancellor , Official , nor Commissary of any Arch-bishop , Bishop , or Vicar-General , nor any Ordinary whatsoever , nor any other Spiritual or Ecclesiastical Iudg , Officer , or Minister of Iustice , nor any other person or persons whatsoever , exercising Spiritual or Eccesiastical Power , Authority , or Iurisdiction , by any Grant , License , or Commission of the Kings Majesty , his Heirs or Successors , or by any power or authority derived from the King , his Heirs , or Successors , or otherwise , shall from and after the first day of August , which shall be in the year of our Lord God , one thousand six hundred forty and one , award , impose , or inflict any pain , penalty , fine , amerciament , imprisonment , or other corporal punishment upon any of the Kings Subjects , for any contempt , misdemeanor , crime , offence , matter , or thing whatsoever , belonging to Spiritual or Ecclesiastical cognizance , or Iurisdiction , Oath ex officio . St. 13 Car. 2. cap. 12. or shall ex officio or at the instance or promotion of any other person whatsoever , urge , enforce , tender , give , or minister unto any Churchwarwarden , Sydeman , or other person whatsoever , any corporal Oath , whereby he or she shall or may be charged or obliged to make any presentment of any crime , or offence , or to confess or to accuse himself , or her self of any crime , offence , delinquency , or misdemeanor , or any neglect , matter , or thing whereby , or by reason whereof he or she shall or may be lyable or exposed to any censure , pain , penalty , or punishment whatsoever , upon pain , and penalty that every person who shall offend contrary to this Statute , Penalty , treble damages and one hundred pounds . shall forfeit and pay treble damages to every person thereby grieved , and the sum of One hundred pounds to him or them who shall first demand and sue for the same , which said Treble damages , and sum of One hundred pounds shall and may be demanded and recovered by Action of Debt , Bill , or Plaint , in any Court of Record , wherein no priviledg , Offendors convicted , disabled from any office or imployment by the Kings Letters Patents . Essoin , protection , or wager of Law , shall be admitted or allowed to the Defendant . And be it further Enacted , That every person who shall be once convicted of any act or offence prohibited by this Statute , shall for such act or offence be from and after such conviction utterly disabled to be or continue in any office , or imployment , in any Court of Iustice whatsoever : or to exercise or execute any power , authority , or jurisdiction by force of any Commission , or Letters Patents of the King , his Heirs , or Successors .

And be it further Enacted , That from and after the said first day of August , No new Court to be erected with the like power . no new Court shall be erected , ordained , or appointed within this Realm of England , or Dominion of Wales , which shall or may have the like power , jurisdiction or Authority , as the said High Commission Court now hath , or pretendeth to have . But that all and every such Letters Patents , Commissions , and Grants , made , or to be made by his Majesty , his Heirs or Successors , And all Powers and Authorities Granted or pretended , or mentioned to be Granted thereby , and all Acts , Sentences and Decrées , to be made by vertue or colour thereof , shall be utterly void , and of none effect .

CAP. XII .

A Subsidy Granted to the King of Tunnage and Poundage , Tunnage and Poundage . and other sums of Money payable upon Merchandize Exported and Imported , from the 15th of July , 1641. to the 10th of August next . EXP.

CAP. XIII .

Such Monies secured as are or shall be due to the Inhabitants of the County of York , and the other adjoyning Counties , for the Billet of the Souldiers and to certain Officers of the Army who forbear part of their pay , according to an Order in that behalf made in the Commons House of Parliament this present Session , for such part of their pay as they shall so forbear . EXP.

CAP. XIV .

The late Preceedings touching Ship-money declared unlawful , and all Records and Process concerning the same made void .

Ship●rits . VVHereas divers Writs of late time , issued under the Great Seal of England , commonly called Ship-Writs , for the charging of the Ports , Towns , Cities , Burroughs , and Counties of this Realm respectively , Certioraries . to provide and furnish certain Ships for his Majesties service : Mittimus . And whereas upon the Execution of the same Writs , and Returns of Certioraries thereupon made , and the sending the same by Mittimus into the Court of Exchequer , Process hath béen thence made against sundry persons pretended to be charged by way of Contribution , for the making up of certain sums assessed for the providing of the said Ships , and in especial in Easter Term , Scire facias against John Hampden Esquire Demurrer . in the thirtéenth year of the Reign of our Soveraign Lord the King that now is , a Writ of Scire facias was awarded out of the Court of Exchequer , to the then Sheriff of Buckingham-Shire , against John Hampden Esquire , to appear and shew cause , why he should not be charged with a certain sum so assessed upon him , upon whose appearance and demurrer to the procéedings therein , the Barons of the Exchequer adjourned the same case into the Exchequer-Chamber , where it was solemnly argued divers dayes , and at length it was there agréed by the greater part of all the Iustices of the Courts of Kings Bench , and Common Pleas , and of the Barons of the Exchequer , there assembled , That the said John Hampden should be charged with the said sum so as aforesaid assessed on him ; The main grounds and reasons of the said Iustices and Barons which so agréed , being , that when the good and safety of the Kingdom in general is concerned , and the whole Kingdom in danger , the King might by Writ under the Great Seal of England command all the Subjects of this His Kingdome at their charge to provide and furnish such manner of Ships with Men , Victuals , and Munition , and for such time as the King should think fit , for the defence and safeguard of the Kingdom , from such danger and peril ; and that by Law the King might compel the doing thereof , in case of refusal , or refractorinses , and that the King is the sole Iudg , both of the danger , and when , and how the same is to be prevented , and avoided ; according to which grounds , and reasons , all the Iustices of the said Courts of Kings Bench , and Common Pleas , and the said Barons of the Exchequer , having béen formerly consulted with by his Maiesties command , Extrajudicial Opinion . had set their hands to an extraiudicial opinion , expressed to the same purpose ; which Opinion , with their names thereunto , was also by his Majesties command inrolled in the Courts of Chancery , Kings Bench , Common Pleas , and Exchequer , and likewise entred among the Remembrances of the Court of Star-Chamber , Iudgment . and according to the said agréement of the said Iustices , and Barons , Iudgment was given by the Barons of the Exchequer , That the said John Hampden should be charged with the said sum so assessed on him ; And whereas some other Actions and Proces depend , and have depended in the said Court of Exchequer , and in some other Courts against other persons , for the like kind of charge , grounded upon the said Writs , commonly called Shipwrits , all which Writs , and procéedings as aforesaid , were utterly against the Law of the Land .

Shipmoney & proceedings thereupon contrary to Law . Be it therefore declared and Enacted by the Kings most excellent Majesty , and the Lords and Commons in this present Parliament assembled , and by the Authority of the same , That the said charge imposed upon the Subject , for the providing and furnishing of Ships , commonly called Ship-money , and the said extrajudicial opinion of the said Iustices and Barons , and the said Writs , and every of them , and the said agréement or opinion of the greater part of the said Iustices and Barons , and the said judgment given against the said John Hampden were , and are contrary to , and against the Laws and Statutes of this Realm , the right of property , the liberty of the Subjects , former resolutions in Parliament , and the Petition of Right made in the third year of the Reign of his Maiesty that now is .

St. 3 Car. 1. Petition of right to be observed . And it is further declared and Enacted by the Authority aforesaid , That all and every the particulars prayed or desired in the said Petition of Right , shall from henceforth be put in execution accordingly , and shall be firmly and strictly holden and observed , as in the same Petition they are prayed and expressed ; and that all and every the Records and remembrances of all and every the Iudgment , Iudgments & proceedings ▪ touching ship-money and all entries , records , & inrolments thereof made void . Inrolments , Entry and procéedings , as aforesaid , and all and every the procéedings whatsoever , upon , or by pretext or colour of any of the said Writs , commonly called Ship-Writs , and all and every the Dependents on any of them , shall be Déemed and Adiudged to all intents , constructions , and purposes , to be utterly void and disannulled ; and that all and every the said Iudgment , Inrolments , Entries , Procéedings , and Dependents of what kind soever , shall be vacated and cancelled in such manner and forme as Records use to be that are vacated .

CAP. XV.

Touching Incroachments and Oppressions in the Stannary Courts .

WHereas King EDWARD the first of famous memory , did for the Amendment of the Stannaries in the County of Devon , E. 1. Charter . grant divers Franchises and Liberties to the Tinners there : And whereas in the Parliament in the fiftieth year of King EDWARD the third , upon the petition of the Commons of the County of Devon , certain Branches and Articles of the said Charter were explained in manner following , That is to say , whereas one Article of the said Charter is in these words following , Explained 50 E. 3. viz. Sciatis nos ad emendationem Stannariarum nostrarum in Com. Devon . ad tranquilitatem & utilitatem Stannatorum nostrorum praedictorum earundem Concessisse pro nobis & haeredibus nostris , Quod omnes Stannatores praedicti operantes in Stannariis illis quae sunt Dominica nostra , dum operantur in eisdem Stannariis , liberi sint & quieti de placitis nativorum , & de omnibus placitis & querelis Curiam nostram & haeredum nostrorum qualitercunque tangen . Ita quod non respondeant coram aliquibus Justiciariis vel Ministris nostris seu haeredum nostrorum de aliquo placito seu querela infra praedictas Stannarias emergen . nisi Coram Custode nostro Stannariarum nostrarum praedictarum , qui pro tempore fuit ( except . placitis terr' , vitae & membrorum ) nec recedant ab operationibus suis per summonitionem alicujus Ministrorum nostrorum , seu haeredum nostrorum , nisi per summonitionem communem dicti Custodis nostri ; Et quod quieti sint de omnibus tallag Theolon . stallag . auxiliis & aliis custumis quibuscunque in villis , portubus , feriis , & mercatis infra Com. praedict. de bonis suis propriis , &c. Whereupon the said Commons prayed a Declaration , as followeth , Requeste , Sur quoi plese declarer si auters persons q̄ les Esteymos operantz in les Estemeryes averont & enjoyeront la franchise gen̄te per la dite chartre du Roy desicome la dite chartre voet . Quod omnes Stannatores praedicti operantes in Stannariis illis sint liberi , &c. Et autres persons q̄ les onerours cestassavoir leros Maistres que les lovent & leros servants & auters claymont mesne la Franchise . Et auxint plese declarer si les ditz onerours y averont les Franchises in auters temps q̄ quant ils averont in mesme Lestemery desicome la chre ' voet . Dum operantur in eisdem Stannariis sint liberi , &c. Vpon which request answer was made , as followeth : Respons. En droit de les dites paroles operantes in Stannariis illis & dum operantur in eisdem Stannariis , Soient clerement entenduz de operariis laborantibus duntaxat in Stannariis illis sine fraude & dolo , & non de aljis , nec alibi laborantibus . And whereas the said Commons prayed a farther Declaration as followeth : Requeste , Item soit declarez , si le Gardein de Lestemery puisse tenir plee inter Esteymo & Forreyn de querele sourdante aeillos q̄ en les lieux on ils sont onan̄tz desicome la Chre'voet . Quod Custos noster praedictus vel ejus locum Tenens teneat omnia placita inter Stannatores praedictos emergen . & etiam inter ipsos & alios forinsecos de omnibus transgressionibus , querelis , & contractibus factis in locis in quibas operantur infra Stannarias praedictas similiter emergen . &c. Quar ill tient plee des tieux quereles sourdantz in chescune parte deins le dit Counte . Vpon which , answer was made in these words , viz. Resp. Et en droit de ceste Article , se ent extend la Jurisdiction cleremente solonc les paroles del dit Chre ' Cestassavoir ; In locis ubi iidem operarii operantur & nemy aiilours ne en autre manere . Which Charter so declared , was repeated again ; And in the eigth year of the Reign of King Richard the second commanded to be put in execution .

And whereas the said King Edward the first made the like Charter to the Tinners in the County of Cornwall , 8 R. 2. which Charter was in the foresaid Parliament upon the request of the Commons of the County of Cornewall declared in the same manner and words . The like charter to Tinners in Cornewall .

And whereas the Tinners of the Counties of Devon and Cornewall have by vertue of the said Charters enjoyed divers and great Liberties , and are quit from all Toils , Tollages , Aids , and other customes in the Villes , Ports , Fairs , and Markets , Declaration . within the said Counties respectively : Which great Liberties do of right belong to the working Tinner , working without fraud or deceit in the Stannaries aforesaid , and not to any other nor elsewhere working , and were granted to the said Tinners for their encouragement in their works : And whereas of late years sundry Inhabitants within the said Counties , Abuse of liberties . and others , to entitle themselves to the said Liberties , have by fraud and covin , for small or no considerations , bought and acquired , and do buy and acquire to themselves decayed Tinne-works , and small and inconsiderable parts in the same and other Tinne-works ; which abuses are done principally to inable the said false and fained Tinners , to vex and sue their Neighbours in the Stannary Courts , where for the most part the Defendant is unjustly debarred his Costs , although the cause be adjudged with him , and the Iurisdiction of the said Stannaries hath , contrary to ancient right and usage , and the said Charters , béen endeavoured to be extended out of the places where the Tinners do work , through the whole Counties of Devon and Cornewall respectively , which is no way for the benefit of his Majestie , but for the singular lucre of some private persons : And whereas by the said abuses great inconveniences do follow , ( That it is to say ) the Inhabitants of the said Counties are miserably vexed , oppressed , and imprisoned , His Majesty defrauded of His Aids and Customes , and the Lords and Owners of Fairs , Markets , and other Franchises of their Tolls and Duties , and the government of the Countrey excéedingly confounded and eluded , the said false and fained Tinners claiming when they list to be Tinners , and when they list to be Forreigners ; besides , that if timely provision be not made , the certain decay of his Majesties profit in the Tinne-works will ensue , for that the same being divided into so many hands and parts cannot conveniently be set on work , nor contribution raised for the working the same .

The former declarations confirmed . Be it therefore Enacted by his Majesty , and the Lords Spirituall and Temporall , and the Commons in this present Parliament assembled , That the said Declarations be henceforth held and duly observed with this , that the words of the said Charters and Declarations , In locis ubi operantur , In locis ubi operantur . how expounded . be expounded of the Ville , Tithing , and Hamlet , where some Tinne-work in work is scituate , and not elsewhere , and no longer then the same Tinne-work is or shall be in working . And if any person or persons that shall be sued in the said Stannaries , shall swear , or tender his or their oath in the said Court where he or they shall be sued , that he or they are not , None but Tinners to be sued , unless by working Tinners . nor is , nor time of the Suit commenced was not , nor were a Tinner or Tinners , then such Defendant or Defendants shall be forthwith discharged of such Suit , unless that the Plaintiff or Plaintiffs do forthwith make oath that the said Plaintiff or Plaintiffs , is or are true and working Tinners , without fraud or deceit : and that the cause of his or their Suit arose within the said Stannaries , or concerneth Tinne or Tinne-works . And if any person being not re verâ , and without fraud , a working and labouring Tinner , in or about some Tinne-work , Persons sued by others shall have their action . set on work within one half year next before his Suit , shall sue , prosecute , or implead in any the said Courts , or before the Warden , Vice-warden , or Steward of the said Stannaries , any person or persons that is or are not a Tinner or Tinners at the time of such Suit commenced , Then the Defendant and Defendants in every such case , shall have his and their action at the common Law , against such person suing or prosecuting , wherein he shall recover ten pounds , Such action to be brought within two years . and his damages and costs of Suit ; Provided that such Action be brought within two years next after the Action or Suit brought in the said Stannary Courts , or before the said Warden , Vice-Warden , or Steward .

And be it declared and Enacted , That in all cases where the Plaintiff or Defendant , Plaintiffs or Defendants , Costs in Stannary courts . are to have costs by the Laws or Statutes of this Realm , there also the Plaintiffs and Defendants shall have the like costs in the Stannary Courts . And in regard that the said Charters were granted for the ease and advantage of the Tinners , and not for their disadvantage or oppression , and yet divers of them who for special reasons have desired to sue at the common Law , have béen restrained ;

Tinner may set forfeitures at the common law . Be it declared and Enacted , That it shall be lawful to and for the said Tinners , if they think fit , to sue any Forreigners at the common Law ; the said Charter , or any usage to the contrary notwithstanding .

Abuses of poor Bailiffs in the Stannaries . And whereas the Bailiffs of the said Stannary Courts are very numerous , and are persons of small or no credit , and yet upon their return that any person is become surety for any other upon Arrest by Process out of the said Courts , such person who sometimes knows nothing of the matter , is by false Returns of the said Bailiffs made liable to the debt or demand , which Bailiffs , by reason of their poverty , are often not responsible , and so the party without remedy :

How sureties may be sued . Be it enacted , That no person or persons be charged or troubled as surety by any Return of any Bailiff or Bailiffs of the said Stannaries , unless that the person or persons returned Surety or Sureties , shall in the presence of two witnesses subscribe or sign a note in writing , that such person or persons is or are become Surety or Sureties ; which note shall mention the names of the Plaintiffs and Defendants in the suit , and the summe or damages in demand , and the nature of the Action , and shall be Signed or subscribed by the said Witnesses , and returned and filed in the Court out of which such Processe shall issue , and no Bailiff or Bailiffs of the said Stannaries shall be admitted as witnesses to any such note .

And whereas in the said Stannaries it is used , that if the Bailiffs return any Person arrested , that if such person make default at the day , he shall be condemned , and Execution is suddenly awarded , when as often the party was not arrested :

No Defendant shall be condemned on a bailiffs return , unless on a note subscribed by the party . Be it further Enacted , That no Defendant shall be condemned upon such Return for not appearing , unless also a Note under the Hand or Sign of the party arrested , and subscribed by two such Witnesses , as aforesaid , be returned into the said Court , at or before the day of Appearance ; and the said Bailiff or Bailiffs shall take but four pence for every such note as aforesaid ʒ and it is provided , that none shall be bailed upon arrest there till he give such Note .

Bail . And in case any the said Bailiff or Bailiffs shall return a Rescous against any Person or Persons , Rescous . he or they shall be admitted to Traverse the said Return ; which Traverse , if it be found with him or them so Traversing , then he or they shall be no further troubled or occasioned by reason of such return .

CAP. XVI .

For the certainty of the Meets , and Bounds of the Forrests ,

WHereas by Act of Parliament made in the first year of the Reign of the late King EDWARD the Third , It is ordained , That the old Perambulation of the Forrest in the time of King Edward the First , St. 1 Ed. 3. should be thenceforth holden in like form as it was then ridden and bounded , and in such places where it was not bounded , the King would that it should be bounded by good Men and lawful :

And whereas for many Ages past certain Méets , Méers , Limits , and Bounds of the Forrests , have been commonly known and observed in the several Counties wherein the said Forrests lye :

And whereas of late divers Presentments have been made , and some Iudgments given , whereby the Meets , Meers , Limits , and Bounds of some of the said Forrests have been variously extended , or pretended to extend beyond some of the said Meets , Meers , Limits , and Bounds so commonly known , and formerly observed ; to the great grievance and veration of many Persons having Lands adjoyning to the said Méets , Méers , Limits , and Bounds so commonly known , and formerly observed : And whereas of late time some Endeavours or Pretences have been to set on foot Forrests in some parts of this Realm , and the Dominion of Wales , where in truth none have béen nor ought to be , or at least have not béen used of long time : For remedy thereof , may it please your most Excellent Majesty , that it be Declared and Enacted by Authority of Parliament :

And be it Declared and Enacted by the Kings most Excellent Majesty , What shall be the Meets and Bounds of Forrests . and the Lords and Commons in this present Parliament assembled , and by the Authority of the same , That from henceforth the Meets , Meers , Limits , and Bounds of all and every the Forrests respectively , shall be to all intents and purposes , taken , adjudged , and deemed to extend no further respectively , then the Meets , Meers , Limits , and Bounds which in the several Counties Respectively , wherein the said Forrests do lye , were commonly known , reputed , used , or taken to be the Meets , Meers , Limits , and Bounds of the said Forrests respectively , in the twentieth year of the Reign of our late Soveraign Lord King JAMES , 20 Jacob. and not beyond in any wise , any Perambulation or Perambulations , Presentments , Extents , Surveys , Iudgments , Records , Decrees , or other matter or thing whatsoever to the contrary notwithstanding : And that all and every the Presentments since the said twentieth year made , and that all and every other Presentment and Presentments , Presentments contrary hereunto shall be v●●d . and all and every Iudgment and award upon , or by reason or pretert of any such Presentment or Presentments , and all and every Perambulation and Perambulations , Surveys , Extents , and other Act and Acts , at any time heretofore had or made , by which the Meets , Meers , Limits , or Bounds of the said Forrests , or any of them , are , or are pretended to be further extended then as aforesaid : And also all and every Presentment of any person or persons at any Iustice seat , Swainemote , or Court of Attachments , for , or by reason , or by colour of any Act or Acts whatsoever done or committed in any place without , or beyond the said Méets , Méers , Limits , or Bounds respectively , so commonly known , reputed , used , or taken as aforesaid , and all and every Fine and Fines , and amerciament and amerciaments , upon , by reason or colour of any such Presentment or Presentments , shall from henceforth be adjudged , déemed , and taken to be utterly void , and of no force or effect , any Law , Statute , Record , or pretence whatsoever , to the contrary notwithstanding .

And be it further Enacted by the Authority aforesaid , No place where no Iustice seat Swainemote cour● or attachment , &c. hath been within 〈◊〉 yeares shall be accompted Forrest . That no place or places within this Realm of England , or Dominion of Wales , where no such Iustice seat , Swainemote , or Court of Attachment have been held , or kept , or where no Verderers have been chosen , or regard made within the space of sixty years next before the first year of his Majesties Reign that now is , shall be at any time hereafter judged , déemed , or taken to be Forrest , or within the Bounds or Meets of the Forrests ; But the same shall be from thenceforth for ever hereafter De-afforrested , and freed , and exempted from the Forrests Laws ; Any Iustice-seat , Swainemote , or Court of Attachment held or kept within , or for any such place or places , at any time or times since the beginning of His Majesties said Reign , or any presentment , enquiry , Act , or thing heretofore made , or hereafter to be made or done to the contrary notwithstanding .

Provided also , and be it further Enacted by the Authority aforesaid , For ascertaining of Meets , &c. Commissions shall be issued . That for the better putting into certainty , all and every the Meets , Meers , Bounds , and Limits of all and every the Forrests , as aforesaid . The Lord-Chancellour , or Lord-Keeper of the Great Seal of England for the time being , shall by vertue of this Act upon request of any of the Peers of this Kingdome , or of the Knights and Burgesses of the Parliament , or any of them , grant severall Commissions under the Great Seal of England , to Commissioners to be nominated respectively by the said Péers , Knights , and Burgesses , or any of them , to enquire of , and find out by Inquests of good and lawful men upon Oath , and by the Oaths of Witnesses to be produced at the said Inquests , and by all other lawful means , all , and every the Méers , Méets , Bounds , and Limits of the Forrests respectively , which were commonly known to be their Méers , Meets , Bounds , and Limits respectively , in the said twentieth year of the Reign of our late Soveraign Lord King James ; And to return the Inquests so taken into the Court of Chancery ; and that all and every the Sheriffs , and Bailiffs , of , and in every County wherein any such Inquests shall be so to be taken ; And all and every the Verderers , Forresters , Rangers , and other Officers of the Forrests respectively where any such Officers be , shall be assistant , and attendant to the execution of the said Commissions , according as by vertue of the said Commissions respectively they shall be commanded ; And where no such Officers are , or where such Officers be , if they , or any of them shall refuse , or neglect such assistance , and attendance as aforesaid , Then the said Commissioners shall , and may , procéed without them in the execution of the said Commissions .

Forrests shall not extend beyond the meets , &c. so returned . And be it further Enacted by the Authority aforesaid , That the Forrests whereof the Méets , Méers , Limits , and Bounds be so returned , and certified by vertue of any the said Commissions as aforesaid , from thenceforth shall not extend , nor be extended , nor be déemed , adjudged , or taken to extend any further in any wise then the Méets , Méers , Limits , and Bounds that shall be so returned , and certified : And that all the places , and Territories that shall be without the Méets , Méers , Limits , and Bounds so returned and certified , shall be , and are hereby declared to be from thenceforth free to all intents and purposes , as if the same had never béen Forrest , or so reputed ; Any Act or Acts , matter , or thing whatsoever , to the contrary thereof notwithstanding .

Grounds deafforrested shall be excluded . Provided , and be it further Enacted by Authority aforesaid , That all and every the grounds , Territories , or places which have béen , or are De-afforrested , or mentioned to be De-afforrested , in , or by any Letters Patents , Charters , or otherwise , since the said twentieth year of the Reign of our said late Soveraign Lord King James , shall be excluded , and left out of the Méets , Méers , Limits , and Bounds of the Forrests , which are to be enquired of , returned , and certified by vertue of the said Commissions , or any of them respectively : And shall be , and hereby are declared and Enacted to be utterly De-afforrested , frée , and exempt to all intents and purposes , as if the same had never béen at all Forrest , or so reputed : Any thing in this present Act contained , or any other Act , matter , or thing whatsoever to the contrary in any wise notwithstanding .

Tenants , Owners , &c. of lands excluded shall enjoy their ancient commission , &c. Provided nevertheless , and be it Enacted , That the Tenants , Owners , and Occupiers , and every of them , of Lands , and Tenements which shall be excluded , and left out of the Méets , Méers , Limits , or Bounds of the Forrests to be returned , and certified by vertue of any the said Commissions , shall , or may use , and enjoy such Common , and other profits and easements within the Forrest , as anciently , or accustomably they have used , and enjoyed : Any thing in this present Act contained , or any Act or Ordinance made in the thrée and thirtieth year of King Edward the first , or any Custome , or Law of the Forrest , or any other matter , or thing , to the contrary thereof notwithstanding .

CAP. XVII .

Scotland . A confirmation of the Treaty of Pacification between England and Scotland , with the Commissions and Articles thereupon . EXP.

CAP. XVIII .

For securing by publick Faith the remainder of the friendly assistance and relief promised to those of Scotland . Scotland . EXP.

CAP. XIX .

The Office of Clerk the Market allowed and regulated , for the reformation of Weights and Measures .

Grievances by Clerks of the Market , and anequality in weights and measures . FOrasmuch as the undue execution of the Office of Clerk of the Market hath béen very grievous unto divers of his Majesties most loving Subjects , who have béen much troubled by unnecessary Summons , and charged with exactions of divers sums of Money , by colour of the said Office , and in regard the said evils have partly arisen by means of an inequality of Weights and Measures throughout this Kingdom● and by granting and letting to Ferme the said Office of Clerk of the Market , and the Execution thereof in and through all or the most of the several Counties of this Kingdome for great sums of Money , which the said Fermours or Grantées , by their unjust and undue procéedings in the said Office , do extort from his Majesties Subjects again , to their great impoverishment , and yet little or no redress at all in their said Weights or Measures , or any benefit thereby accruing to his Majesty : For remedy whereof , and for regulating of all Weights and Measures according to the true intent of this Statute , and the other Statutes in the behalf formerly made and provided , and preventing the said inconveniencies .

There shall be but one measure , one weight , and one yard . St. 9 H. 3 25. 14 E. 3. 12. 27 E. 3. 10. Be it therefore Enacted by the Kings most Excellent Majesty , the Lords and Commons of this present Parliament assembled , and by the Authority of the same : That from henceforth there shall be but one Weight , one Measure , and one Yard , according to the Standard of the Exchequer throughout all the Realm , as well in places priviledged , as without ; Any usage or custome to the contrary notwithstanding : And that every Measure of Corn shall be striked without heap : And whosoever shall sell by , or kéep any other Weight , Measure , or Yard , then as aforesaid , whereby any Corn , Grain , or other thing is bought or sold , after six moneths after the end of this present Session of Parliament , shall forfeit for every such offence five shillings , Forfeiture . being thereof lawfully convicted by the Oath of one sufficient Witness , before any Iustice of Peace , Mayor , or other head Officer of the County , City , or Town Corporate respectively , where the said Offence shall be committed : Who by vertue of this Act shall have power to administer an Oath in that behalf : How to be levyed . Which said sum or penalty of five shillings shall be levyed by the Church-wardens and Overséers of the Poor of the Parish , or some or one of them where such Offence is or shall be committed , to the use of the Poor of the same Parish , of the Goods and Chattels of such Offenders by way of Distress and Sale of the Offenders Goods , rendring the Overplus to the party so offending . And in default of such Distress , it shall be lawful for any Iustices of Peace , Mayor , or other head Officer of the County , City , or Town corporate respectively , to commit the said party to the Prison or Gaol there to remain without Bail or Mainprise , untill he shall pay such sums of Money forfeited , as aforesaid .

And be it further Enacted by the Authority aforesaid , Clerk of the Market his limits . That no Clerk of the Market of the Kings House which now is , or hereafter shall be , or of the Prince His Highnesse , His Heirs or Successours , which is or shall be Duke of Cornewall , or His or Their Deputy or Deputies , shall hereafter execute his or their said Office or Offices respectively , in any part of the Kingdom , but only within the Verge of the Kings Court where it shall then reside for the time being . And that it shall be alwayes hereafter lawful for any Mayor , Mayor , head Officer , and Lords of Liberties have power as clerks of the Market . or other head Officer of any City , Burrough , or Town Corporate , or for any Lord or Lords of Liberty , Liberties or Franchises , his or their Deputy or Deputies , or Agents , according to their several Liberties and Iurisdictions , to have full power to execute the said Offices respectively , as they ought or might have done before the making of this Act ; And for the more ease of his Majesties Subjects .

Be it further Enacted , Forfeiture of ●lerke of the Market for offences , That if any Clerk of the Market within his aforesaid precincts and limits of the Verge of the Kings house only , or any Mayor , or other Officer whatsoever , who by vertue of this Act shall have power to inquire of any abuses in Weights and Measures , shall seal or give allowance unto any other Weight or Measure , Weights or Measures , other then according to the said Standard of the Exchequer , or shall upon reasonable request and warning , refuse to seal or give allowance unto such Weight or Measure , Weights or Measures , as are according to the said Standard of the Exchequer , paying only such Fée or Fées for such allowance , as by the Statute or Statutes , or by ancient custome , are in that behalf formerly provided and allowed , and no more ; That then the said Clerk of the Market , Mayor , and other Officer , or Officers , of such City , Burrough , or Town , and the said Lord and Lords of Liberty or Liberties , and his and their Deputy and Deputies , and Agents respectively , shall forfeit for every such offence five pounds , to be levyed as aforesaid , to the use of the poor of the parish where such offence is , or shall be committed .

And be it further Enacted by the Authority aforesaid , That if the Clerk of the Market , Forfeiture for taking unlawful fines or fees . his Deputy or Deputies , or Agents within the Verge aforesaid , or any Mayor , or any other Officer or Officers of any City , or Town , or any Lord or Lords of Liberties , his or their Deputy or Deputies , Agents , or Assigns respectively , shall take or receive of any of his Majesties Subjects , by colour of the said Office , any common Fine or Fines , or any Fées , other then are formerly allowed by the Statute or Statutes , or ancient custome in that behalf made or used , shall take any Fée or Fées , or other sum of money , Reward , or consideration , for the making , Signing , or Examination of any Weights or Measures which have béen formerly Marked or Sealed , or shall Impose or Assess , or cause to be Imposed or Assessed any Fine or Amerciament , Fines or Amerciaments without a due and legal trial of the Offences , for which the said Fine or Fines , Amerciament or Amerciaments are Imposed or Assessed , or shall otherwise misdemean himself in the execution of his said Office , and be thereof lawfully convicted , He shall forfeit for the first Offence , whereof he shall also be so lawfully convicted , five pounds ; And for the second offence , ten pounds ; And for the third offence , and every other offence afterwards twenty pounds , to be levyed as aforesaid , to the use of the p●or of the Parish where such offence shall be committed .

And be it Enacted , That whosoever shall be fined or amerced by vertue of this Act , St. 13 R. 1. 4. Persons ●ined by this Act not to be ●ined upon any former law . Rents of ferms of corn excepted . shall not be again fined or amerced for the same offence , by vertue of any former Law or Statute .

Provided alwayes , That this Act or Statute shall not extend to the Rents of Ferms or Lands , or any Corn or Grain , due or payable to any Lord or Lords , or any Colledges , Houses , or other Societies , by vertue of any ●ease or Leases , or other Covenant or Agreement , but that the same during the continuation of such Lease , Leases , or other Agreements , shall be payed , delivered , and performed in such measure and form as the same hath been payed , delivered , and performed , before the making of this Act : And that such measure , Water measures to be continued . that is commonly called Water-measure , in any Ports , Maritime Towns , or other places , shall be still used and continued as formerly the same hath béen ; Any thing in this Statute contained to the contrary hereof in any wise notwithstanding . The general issue , may be pleaded .

Provided also , That no Iustice or Iustices of the Peace , Mayor , Bailiff , or other head Officer , Churchwardens , Overséers , or any other authorized by this Statute for the due execution thereof in any point , shall be sued , impleaded , or otherwise impeached , for doing , or executing their said Offices respectively : And if any Suit or Suits hereafter shall be Commenced against them , or any of them , their Agents , or Assistants , touching the premisses , That then it shall , and may be lawful for them , and every of them so sued , or troubled in any Court , or Courts , wheresoever , to plead the general issue , Not Guilty , and to give this Statute in Evidence , or any other special matter in Evidence .

Treble costs for unjust vexation . And in ease by , or upon this Law , they or any of them shall be found not guilty , or the Plaintiff be Non-suited , the Defendant , or Defendants , shall recover treble Costs against the Plaintiff for his unjust vexation .

CAP. XX.

None shall be compelled to take the Order of Knighthood .

Writs issued for persons to take the order of Knighthood . WHereas upon the pretext of an ancient custom , or usage of this Realm of England , That Men of full age , being not Knights , and being seised of Lands or Rents , of the yearly value of forty pounds , or more ( especially if their seisin had so continued by the space of thrée years next past ) might be compelled by the Kings Writ , to receive or take upon them the order or dignity of Knighthood , or else to make Fine for the discharge or respite of the same ; Several Writs about the beginning of his Majesties reign issued out of the Court of Chancery , for Proclamations to be made in every County to that purpose , and for certifying the names of all such persons , and for summoning them personally to appear in the Kings presence before a certain day , to be there ready to receive the said Order or Dignity : Upon return of which Writs , and transmitting the same with their Returns into the Court of Exchequer , Returns . and upon other Writs for further inquiry of the names of such persons issuing out of the said Court of Exchequer , Processe by Distringas was thence made against a very great number of persons , Distringas . many of which were altogether unfit , in regard either of Estate or quality , Fines . to receive the said Order or Dignity , and very many were put to grievous Fines and other vexations for the same , although in truth it were not sufficiently known how , or in what sort , or where they , or any of them should , or might have addressed themselves for the receiving the said Order or Dignity , and for saving themselves thereby from the said Fines , Process , and vexations : And whereas it is most apparent that all and every such procéedings , in regard of the matter therein pretended , is altogether useless and unreasonable ; May it therefore please your most Excellent Majesty , that it be by authority of Parliament declared and Enacted .

No person shal be compelled to take on him the order of Knighthood , nor undergo any fine for that cause . And be it declared and Enacted by the Kings most Excellent Majesty , and the Lords and Commons in this Parliament assembled , and by the Authority of the same , That from henceforth no person or persons , of what condition , quality , estate , or degrée soever , shall at any time be distrained , or otherwayes compelled by any Writ or Process of the Court of Chancery , or Court of Exchequer , or otherwise by any means whatsoever , to receive or take upon him or them respectively , the Order or Dignity of Knighthood , nor shall suffer or undergo any Fine , Trouble or Molestation whatsoever , by reason or colour of his or their having not received , or not taken upon him or them the said Order or Dignity : And that all and every Writ or Processe whatsoever , and all and every procéeding which shall hereafter be had or made contrary to the intent of this Act , shall be déemed and adjudged to be utterly void : And that all and every processe procéeding , and charge now depending by reason or colour of the said pretended custome or Writs aforesaid , or of any the Dependants thereof , shall from henceforth cease and stand , be and remain discharged and utterly void ; Any former Law or Custome , or any pretence of any former Law or Custome , or any other matter whatsoever , to the contrary in any wise notwithstanding , Stat. 1 E. 2.

CAP. XXI .

Liberty for bringing in of Gun-powder and Salt-peter from Forraign parts , and for the free making of Gun-powder in this Realm .

Mischiefs by prohibiting importing of Gunpowder . WHereas the Importation of Gun-powder from forreign parts hath of late times béen against Law prohibited , and the making thereof within this Realm ingrossed , whereby the price of Gun-powder hath béen excessively raised , many powder works decayed , this Kingdom very much weakened and indangered , the Merchants thereof much damnified , many Mariners and others taken prisoners , and brought into miserable Captivity and Slavery , many Ships taken by Turkish and other Pyrates , and many other inconveniences have from thence insued , and more are likely to ensue if they be not timely prevented :

Liberty to all to import gun-powder . Be it therefore declared and Enacted by the Kings most Excellent Majesty , and the Lords and Commons in this present Parliament assembled , and by the Authority of the same , That it shall and may be lawful , to and for all and singular persons , as well Strangers as natural born Subjects of this Realm , to import and bring into this Kingdom any quantities of Gun-powder whatsoever , paying such Customes and Duties for the same , as by authority of Parliament shall be limited and set down .

And be it further Declared and Enacted by the Authority aforesaid , All Subjects may make and sell Gun-powder , and import Salt-peter . That it shall and may be lawful , to and for all and singular his Majesties Subjects of this his Realm of England , to make and sell any quantities of Gun-powder , at his and their will and pleasure , and also to bring into this Kingdom any quantities of Salt-peter , Brimstone , or any other materials necessary or requisite for the making of Gun-powder .

And lastly , Be it Enacted by the Authority aforesaid , That if any person or persons , Penalty for putting in execution Letters Patents , Proclamations , &c. against this liberty . from and after the tenth day of August , which shall be in the year of our Lord God One thousand six hundred fourty and one , shall put in execution any Letters Patents , Proclamation , Edict , Act , Order , Warrant , Restraint , or other Inhibition whatsoever , whereby the Importation of Gun-powder , Salt-peter , Brimstone , or other the materials aforementioned , or any of them , from Forraign parts , or the making of Gun-powder within this Realm , shall be any way prohibited or restrained , That then the said person and persons so offending shall incur and sustain the pains , penalties and forfeitures contained and provided in the Statute of provision and premunire made in the Sixtéenth year of King Richard the Second .

CAP. XXII .

A Subsidy granted to the King of Tunnage , Poundage , and other sums of Money , Tunnage , Poundage . payable upon Merchandize , Exported , and Imported from the 9th of August , 1641. to the first of December next . EXP.

CAP. XXIII .

An Act for the better raising and Levying of Mariners , Sailers , and others , Mariners . for the present guarding of the Seas . EXP.

CAP. XXIV .

For Relief of Captives , taken by Turkish , and other Pyrats , Captive . and one per Cent. on Customable goods for three years to be paid , and received by the Lord Mayor and Chamberlain of London for that purpose . EXP.

CAP. XXV .

A Subsidy granted to the King of Tunnage , Poundage , &c. from the last of November 1641. Tunnage , Poundage . to the first of February next , and the like until the second of July 1642. EXP.

CAP. XXVI .

For the better Ra●sing and Levying of Mariners , Sailers , and others , Mariners . for the present guarding of the Seas . EXP.

CAP. XXVII .

Persons in Holy Orders shall not exercise certain temporal powers and authorities . Persons in Holy Orders . REP. Stat. 13 Car. 1. cap. 2.

CAP. XXVIII .

For the better Raising and Levying of Souldiers for the present defence of the Kingdoms of England and Ireland . Souldiers . EXP.

CAP. XXIX .

A Subsidy granted to the King of Tunnage and Poundage , Tunnage , Poundage . and other sums of Money payable upon Merchandize , Exported and Imported from the last of January 1641. to the 25th of March next ensuing . EXP.

CAP. XXX .

A Contribution and Loan towards the Relief of Ireland . Contribution . EXP.

CAP. XXXI .

A Subsidy granted to the King of Tunnage and Poundage , Tunnage , Poundage . and other sums of Money payable upon Merchandize exported and imported from the second of May 1642. to the second of July next following . EXP.

CAP. XXXII .

For the Raising and Levying of Moneys for the necessary defence and great affairs of the Kingdoms of England and Ireland , and for the payment of Debts undertaken by the Parliament . Ireland . EXP.

CAP. XXXIII .

An Act for the speedy and effectual reducing of the Rebels in Ireland . EXP.

CAP. XXXIV .

Certain Clauses explaining another Act for the reducing the Rebels in Ireland . EXP.

CAP. XXXV .

Corporations and Bodies Politick enabled to partake of the benefit of an Act for reducing the Rebels in Ireland . EXP.

CAP. XXXVI .

A Subsidy granted to the King of Tunnage , Poundage , and other sums of Money , Tunnage , Poundage . payable upon Merchandize exported , and imported from the 14th of March 1641. to the third of May next ensuing . EXP.

CAP. XXXVII .

For the further advancement of an effectual and speedy Reduction of the Rebels in Ireland . EXP.

Anno Regni Caroli II. Regis Angliae , Scotiae , Franciae , & Hiberniae , Duodecimo .

AT the Parliament begun at Westminster the Five and twentieth day of April , Anno Dom. 1660. In the Twelfth Year of the Reign of Our most Gracious Soveraign Lord , CHARLES the Second , by the Grace of God , of England , Scotland , France , and Ireland , King , Defender of the Faith , &c. And there continued until the Nine and twentieth day of December then next following , and then Dissolved by his Majesty ; To the high pleasure of Almighty God , and to the weal publick of this Realm , were Enacted as followeth :

CAP. I.

The Assembling and Sitting of this present Parliament .

St. 17 Car. 1. cap. 7. St. 13 Car. 2. cap. 1.

The Parliament begun 3 Nov. 16 Car. declared to be dissolved . St. 13 Car. 2. cap. 1

The Lords and Commons now sitting declared to be the two Houses of Parliament .

FOr the preventing all Doubts and Scruples concerning the Assembling , Sitting , and Procéeding of this present Parliament ; Be it Declared and Enacted , and it is Declared and Enacted by the King our Soveraign Lord , and by the Lords and Commons in Parliament assembled , and by Authority of the same , That the Parliament begun and holden at Westminster , the third day of November , in the Sixtéenth year of the Reign of the late King CHARLES of blessed Memory , is fully Dissolved and Determined ; And that the Lords and Commons now sitting at Westminster , in this present Parliament , are the Two Houses of Parliament , and so shall be , and are hereby Declared , Enacted , and Adjudged to be to all Intents , Constructions , and purposes whatsoever , notwithstanding any want of the Kings Majesties Writ or Writs of Summons , or any Defect or Alteration of , or in any Writ or Writs of Summons , or any other Defect or Default whatsoever ; as if this Parliament had béen Summoned by Writ or Writs in his Majesties Name , according to the usual Form , and as if His Majesty had béen present in person at the Assembling and Commencement of this present Parliament : Provided alwayes , That this Parliament may be dissolved by his Majesty after the usual manner , as if the same had béen summoned by Writ or Writs in his Majesties Name : The Kings assent to this Act shall not determine this Session . Provided also , and it is hereby Enacted , That His Majesties Royal Assent to this Bill shall not determine this present Session of Parliament .

CAP. II.

An Act for putting in Execution an Ordinance mentioned in the said Act , for an Assessment of 70000 l. per mensem , for three Months . EXP.

CAP. III.

Process and Judicial Proceedings Continued .

WHereas the four first Returns of Easter Term , in the year One thousand six hundred sixty , of late called , from Easter day in fiftéen dayes , from Easter day in thrée wéeks , from Easter day in one Moneth , and from Easter day in five wéeks , or any of them , cannot be conveniently kept or holden : Now for avoiding all manner of discontinuances whatsoever , which by occasion thereof should or might happen , or be in any Matter or cause whatsoever , Process , Writs , &c. shall not be discontinued for not holding certain dayes of Return . in any the Courts at Westminster : Be it Enacted by the Kings most Excellent Majesty , and the Lords and Commons Assembled in Parliament , That no Pleas , Writs , Bills , Actions , Suits , Plaints , Process , Precepts , or other thing or things whatsoever , Pleaded , Returned , or Depending , or having day or dayes in any of the said Courts , in or at the said several Returns or any of them , or at any other day or dayes certain after any of the said Returns , shall be in any wise discontinued , or put without day , for or by reason of the not kéeping or holding of the said Returns , or dayes , or any of them ; but that all and singular the said Pleas , Writs , Bills , Actions , Suits , Plaints , Process , Precepts , and other the Premises aforesaid , shall stand , continue , and be good and effectual in Law , to all Intents and Purposes , as if the said Returns and dayes , and every of them , had béen actually kept and holden in all and every the said Courts ; Any Law , Statute , Custome , or Vsage to the contrary thereof in any wise notwithstanding .

The said Writs , Process , Pleas , &c. returnable & pleadable at a certain day . And be it further Enacted by the Authority aforesaid , That all Pleas , Writs , Bills , Actions , Suits , Plaints , Process , Precepts , and other thing or things whatsoever aforesaid , pleadable , or to be pleaded , Returnable , or to be Returned , or having day in any manner whatsoever at any of the said Returns , or any day or dayes certain after any of the said Returns , Be and are hereby continued and adjourned , unto , ( and shall and may be Pleaded , Returned , Heard , and Determined in the respective Courts aforesaid ) at , or on the fifth Return of the said Term , of late called , In the morrow of the Ascension of our Lord ; And that all parties in any Pleas , Writs , Bills , Actions , Suits , Plaints , Process , or other thing or things whatsoever , having dayes given them at any of the said four first Returns , or at any other day or dayes certain , after any of the said Returns in the said Courts , or any of them , by vertue of this present Act , have the said Return of late called , In the morrow of the Ascension of our Lord , prefixed them therein ; And that all Sheriffs , Officers , and other Ministers whatsoever , and every of them respectively , kéep in their hands all Writs , Bills , Process , and Precepts , and all other things whatsoever in them directed respectively Returnable , or to be Returned in the several Courts aforesaid , at the said four first Returns , or any of them , in or at any day certain , as aforesaid , until the said fifth Return , of late called , The morrow of the Ascension of our Lord , and then Return the same into the said several Courts respectively , That such proceedings may be then had thereupon , as should have béen had , in case the said four first Returns had béen kept and holden .

And be it further Enacted by the Authority aforesaid , That no Writs , Process , Plaints , Process , Writs , Pleas , &c. under certain titles and names , may be prosecuted and proceeded upon . Pleas , Informations , Indictments , or Iudicial proceedings , had , Commenced , or prosecuted before the fifth day of May , in the said year of our Lord one thousand six hundred sixty , in the Name , Stile , Title , or Test of Custodes Libertatis Angliae Authoritate Parliamenti ; or , in the Name , Stile , Title , or Test of The Keepers of the Liberty of England by Authority of Parliament ; or in the Name , Stile , Title , or Test of Oliver Lord Protector of the Commonwealth of England , Scotland , and Ireland , and the Dominions thereunto belonging ; or in the Name , Stile , Title , or Test of Oliver Lord Protector of the Commonwealth of England , Scotland , and Ireland , and the Dominions and Territories thereunto belonging ; or in the Name , Stile , Title , or Test of Richard Lord Protector of the Commonwealth of England , Scotland , and Ireland , and the Dominions and Territories thereunto belonging , shall be put without day abated , quashed , or discontinued by his Majesties most just re-assumption of the actual Exercise of his Kingly Government in this Kingdom ; nor shall the same be cause of Errour , Abatement , or Discontinuance , but that all such Writs , Process , Plaints , Pleas , Informations , Indictments , and Iudicial Procéedings , and all Commissions for taking of Answers , or Examination of Witnesses , Commission for taking of Fines , and Warrants of Attorney , Guardians , or Prochein-Amy , shall stand and be continued , and shall and may be procéeded upon , prosecuted , and returned , notwithstanding the same were commenced or prosecuted in English , and notwithstanding the present happy Change and Restitution of his Majesties Name and Stile in Iudicial Procéedings .

And be it further Enacted by the authority aforesaid , Process and proceedings in English in Courts of Iustice to continue . EXP. That one pretended Act made in the year of our Lord , 1650. entituled , An Act for turning the Books of the Law , and all Process and Proceedings in Courts of Justice , into English , shall stand and be in force , as if the same had béen a good and effectual Act , from the first Return of Easter Term , in the year of our Lord 1651. untill the first day of August , in the year of our Lord , 1660. and no longer . And whereas by one other pretended Act , made in the said year of our Lord , 1650. entituled , An Act touching Corn and Meal , It was Enacted , or mentioned to be Enacted , That from and after the twentieth day of November , 1650. It should and might be lawfull to and for any person or persons , Defendant or Tenant , for or by reason of any matter to be pleaded , set forth , or alledged in Bar to any Action Real , Personal , or mixt , in any Court of Record , to plead the General Issue of Not Guilty , or the like General Issue proper to the Nature of the Action or Suit commenced ; and for his or their Discharge or Acquitting to give any such matter in evidence to the Iury that shall try the same ; and that the said matter shall be as available to such person or persons , Defendant or Tenant , to all intents and purposes , as if the said matter had béen specially pleaded , set forth , or alledged in Bar of such action .

Be it further Enacted , That the said pretended Act , Pleading the General Issue . as touching the pleading of the General Issue , shall by authority hereof , stand and be in full force and effect according to the Tenor thereof , until the said first day of August , as if the same had béen a good and effectual Act of Parliament , EXP. and no longer .

Provided alwayes , That where the General Issue hath béen since the said twentieth day of November , 1660. pleaded , or shall before the said first day of August in the said year of our Lord 1660. be pleaded in any action , That then upon the Tryal of the said Cause , such Evidence shall and may be allowed , as if the said pretended Act touching the pleading of the General Issue had béen and continued a good and effectual Act of Parliament not determined or discontinued .

Provided also , That his Majesties Royal assent to the passing of this Bill , shall not extend ,

His Majesties Assent to this Bill doth not determine the Session .

All Writs , Patents .

Commissions &c. to issue in the Kings name as formerly .

or be construed to extend to the determining of the Session of this present Parliament .

Provided nevertheless , and be it Enacted , That all Writs , Patents , and Commissions for Constituting Iustices of either Bench , and Barons of the Exchequer , Commissions of Oyer and Terminer , and Gaol-Delivery , and Precepts upon Commissions of Oyer and Terminer , and Gaol-Delivery , and all other Commissions hereafter to be made by the Clerk of the Crown in the Chancery , Charters , and Letters Patents under the Great Seal , of Lands , Liberties , Honours , or Offices , do or may issue in the Kings Majesties Name , in the same manner as was usual before the making of the said first recited pretended Act , any thing in this present Act to the contrary thereof before expressed , in any wise notwithstanding . St. 13. Car. 2. cap. 12.

CAP. IV.

A Subsidie granted to the King of Tonnage and Poundage , and other some of Money payable upon Merchandize Exported and Imported .

The Causes and Trusts upon granting the Subsidies of Tonnage and Poundage . THe Commons assembled in Parliament , reposing Trust and Confidence in Your Majesty , in , and for the Guarding and Defending of the Seas , against all persons , intending , or that shall intend the disturbance of Your said Commons , in the intercourse of Trade , and the invading of this Your Realm , For the better defraying the necessary Expences thereof , which cannot otherwise be effected without great charge to Your Majesty , Do , by and with the advice and consent of the Lords in this Your present Parliament assembled , and by the authority of the same , Defending the Seas . to the intent aforesaid , Give , and Grant unto You our Supreme Liege Lord and Soveraign , A Subsidy of Tonnage granted to the King . one subsidy , called Tonnage , That is to say , Of every Ton of Wine of the growth of France , or of any the Dominions of the French King , or Crown of France , that shall come into the Port of London , and the Members thereof , by way of Merchandize , by your Natural born Subjects , the sum of Four Pounds and ten shillings of currant English Money , and so after that Rate ; and by Strangers and Aliens Six pounds of like money ; And of every Ton of the like Wine , which shall be brought into all , and every the other Ports and places of this Kingdome , and the Dominions thereof , by way of Merchandize , by Your Naturall Born Subjects , the sum of Thrée pounds , and by Aliens Four pounds and ten shillings , And of every Butt or Pipe of Muscadels , Malmseys , Cutes , Tents , Allicants , Bastards , Sacks , Canaries , Malligoes , Maderoes , and other Wines whatsoever , commonly called Swéet Wines , of the growth of the Levant , Spain , Portugal , or any of them , or of any the Islands or Dominions to them , or any of them belonging , or elsewhere , that shall come , or be brought into the Port of London by your Natural born Subjects , the sum of Fourty five shillings of currant English money , and so after that Rate , And by Strangers and Aliens Thrée pounds of like money : And of every Butt and Pipe of the like Wine , which shall come , or be brought into all , every , or any the other Ports and Places of this Kingdom , and Dominions thereof , by way of Merchandize , by Your Natural Born Subjects , the sum of Thirty shillings , and by Strangers Forty five shillings . And of every Awm of Rhenish Wine , or Wine of the growth of Germany , that shall be brought into this your Realm , and the Dominions thereof , by your Natural Born Subjects , The sum of twenty shillings , of currant English money , and strangers and Aliens Twenty and five shillings , which several Rates are the same which are expressed in a certain Book of Rates herein after mentioned and referred unto . And also one other Subsidy called Poundage , That is to say of all manner of Goods and Merchandize of every Merchant , A subsidy of poundage . Natural Born Subject , Denizen , and Alien , to be carryed out of this Realm , or any your Majesties Dominions to the same belonging , or to be brought into the same by way of Merchandize , of the value of every twenty shillings of the same Goods and Merchandizes , according to the several and particular Rates and values of the same goods and Merchandizes , as the same are particularly and respectively Rated and Valued in the said Book of Rates herein after mentioned and referred unto , Twelve pence , and so after that Rate . And of every Twenty shillings value of any the Native Commodities of this Realm , or Manufactures , wrought of any such Native Commodities , to be carried out of this Realm , by every , or any Merchant Alien , according to the Value thereof in the said book expressed , Twelve pence over and above the Twelve pence aforesaid , Except and foreprized out of this Grant of Subsidy of Poundage , all manner of Woollen Clothes , made or wrought , or to be made or wrought within this Realm of England , commonly called Old Draperies , and all Wines before limited to pay subsidy of Tonnage , and all manner of Fish , English taken , and brought by English bottoms , into this Realm , and all manner of fresh Fish , and bestial , that shall come into this your Realm ; and all other Goods and Merchandizes , which in the said book of rates are mentioned to be custome-frée .

Exceptions out of the subsidy of poundage . And further , We your said Commons , by the advice , Assent and Authority aforesaid , do give and grant unto You , Our said Liege Lord and Soveraign , for the causes aforesaid , One other Subsidy , That is to say of and for every short woollen cloth to be exported by Your Natural Born Subjects of this your Realm , and the Dominions thereof , called broad Cloth , not excéeding twenty eight yards in length , and thréescore and four pounds in weight , the sum of thrée shillings and four pence of Currant English money , and for every Cloth of short cloth of old Drapery of lesser length , and weight , accounting so many pieces to a short cloth , as limited and appointed thereunto by the said Book of Rates , to be likewise exported by your said natural born Subjects , the like sum of of thrée shillings four pence , and so after that rate , and by Strangers and Aliens six shillings and eight pence for every short cloth accounted as aforesaid ; which several Rates are accordingly expressed in the said Book of Rates herein after mentioned and referred unto , A subsidy of strangers Aliens . To have , hold , take , enjoy , and perceive the Subsidies aforesaid , and every of them , and every part and parcel of them unto your Majesty , from the four and twentieth day of June inclusively , The said subsidies granted to the King during his life . in the Twelfth year of your Majesties Reign , for and during your Majesties life , which God long preserve .

And be it further Enacted by the Authority aforesaid , That if any Wines , Goods , The penalty for not paying the subsidy . or other Merchandize , whereof the Subsidies aforesaid are or shall be due , shall at any time after be shipped or put into any Boat or Vessel , to the intent to be carried into the parts beyond Seas , or else be brought from the parts beyond the Seas into any Port , Place , or Créek of this Realm , or other your Majesties Dominions , by way of Merchandize , and unshipped to be laid on Land , the Subsidy , Customes , and other duties due or to be due for the same not paid , or lawfully tendred to the Collector thereof , or his Deputy , with the consent and agréement of the Comptroller and Surveyor there , or one of them at the least , nor agréed with for the same in the Custome-house , according to the true meaning of this Act , that then , from the said four and twentieth day of June , all the same Wines , Goods and Merchandizes whatsoever shall be forfeit to your Majesty , the one moyety of the rate thereof to your Majesty , and the other moyety to him or them that will seize the same , or sue for the same ; And that it may please Your Majesty , Merchants strangers shall be well intreated . That all Merchants , aswell Denizens , as Strangers , coming into this Your Realm , be well and honestly intreated and demeaned , for such things as Subsidy by this Act is granted , as they were in the time of Your Noble Progenitors and Predecessors , without oppression to them to be done , paying the Subsidies aforesaid .

And , be it further Enacted by the authority aforesaid , That if any Goods or Merchandize , A Proviso for such whose goods be taken by Pirates or perished on the Sea . as aforesaid , of any Merchant being born Denizen after the said four and twentieth day of June , hath béen , or at any time hereafter during Your Majesties life , shall be taken by any Enemies or Pyrates upon the Sea , or perished in any Ship or Ships , that shall happen to be taken or perished , during Your Majesties Life , whereof the Subsidies and other Duties aforesaid , are , or shall be duly paid , or agréed for as aforesaid ; and that duly proved before the Treasurer of England , Commissioners of the Treasury , or Chief Baron of the Exchequer for the time being , by the examination of the same Merchants , if they be alive , or of their Executors or Administrators , if they be dead , or by two credible Witnesses at the least sworn , or other reasonable Witness and proof sworn , then the same Merchant or Merchants , his , or their Executors or Administrators , shall or may newly ship , in the same Port where the goods and Merchandize aforesaid were , or shall be Customed , so much other Merchandize or Goods , as the same goods or Merchandize are , or shall be lost as aforesaid , shall amount unto in custome , without paying of any thing for the same , so as the same Proof be recorded and allowed of in the Court of Exchequer , The Customs of any goods shipped in Carracks or Gallies . and certified unto the Collectors of the Customes of the Port where the same Wares or Merchandizes are to be newly shipped without Custome , as aforesaid . And further , That every Merchant-Denizen who shall hereafter Ship any Goods or Merchandize in any Carrack or Gally , shall pay to your Majesty all manner of Customs , and all the subsidies aforesaid , as any Alien born out of the Realm .

Provided alwayes , that it shall and may be lawfull to all and every Your Subjects , Shipping of Herrings . at his and their will and pleasure , to convey and transport out of this Realm , in Ships and other Vessels of any the Subjects of this Realm , all and every kind of Herrings and other Sea fish , to be taken on the sea by any the Subjects aforesaid , from or out of any Port or Harbor of this Realm , to any place out of your Majesties Dominions , without paying any Custome , Subsidy or Poundage-moneys for the same Herrings , or other Fish so carried or transported during your Majesties life , any thing herein before contained to the contrary notwithstanding .

And because no rates can be Imposed upon Merchandize , No rates to be imposed on Merchandize without authority of Parliament . imported or exported by Subjects or Aliens , but by common consent in Parliament , Be it further Enacted and Declared , by the Authority aforesaid , that the Rates intended by this present Act , shall be the rates mentioned and expressed in one Book of Rates intituled , The Rates of Merchandize , That is to say , the Subsidy of Tonnage , the Subsidy of Poundage , and the Subsidy of Woollen cloths , or old Draperies , as they are rated and agréed on by the Commons House of Parliament , A book of rates agreed by the Commons house of Parliament . set down and expressed in this Book , to be paid according to the Tenor of the Act of Tonnage and Poundage , from the four and twentieth day of June inclusively , in the twelfth year of his Majesties Reign , during his Majesties Life , and subscribed with the hand of Sir Harbottle Grimston Baronet , Speaker of the House of Commons ; Which said Book of Rates composed and agréed on by Your Majesties said Commons , and also every Article , rule and clause therein contained , shall be and remain during Your Majesties Life , as effectual to all intents and purposes , as if the same were included particularly in the Body of this present Act.

And it is further Enacted , That during the continuance of this present Grant , The fees of the Custome Officers . where the Goods Exported or Imported , amount to the value of five pounds or more , the Customers and Collectors , and all other his Majesties Officers in the several Ports , shall take and receive such Fées , and no other , as were taken in the Fourth year of the late King James , until such time as the said Fées shall be otherwise setled by Authority of Parliament .

Provided alwayes , That no Person or Persons , who after the Four and twentieth of June , A Proviso for such as paid before the 24. Iuly 1660. in the year One thousand six hundred and sixty , and before the Four and twentieth of July in the same year , have paid , received , or collected any Duties , or Customes , according to the Rates used in April One thousand six hundred and sixty , shall be molested , or any way Impeached , for or concerning the payment or Receipt of the said duties , or any other duties by this Act Imposed .

And it is hereby further Declared , That no person who hath shipped any Goods since the said four and twentieth of June , and before the said four and twentieth of July , shall be liable to the payment of any duties therefore , other then such as were used to be paid in the said moneth of April , One thousand six hundred and sixty .

Goods which may be exported immediately after the passing this Act. Provided alwayes , and be it Enacted by the Authority aforesaid , That it shall and may be lawful for any Person or Persons , immediately from and after the passing of this Act , to transport , ship , and carry out of this Kingdome , or out of any Port thereof , by way of Merchandize , any of these Commodities , Goods , and Merchandizes following ; That is to say , Iron , Armour , Bandeléers , Bridle-Bitts , Halbert Heads and Sharps , Holsters , Muskets , Carbines , Fowling-Peices , Pistols , Pike-Heads , Sword or Rapier-Blades , Saddles , Snaffles , Styrropes , Calveskins dressed or undressed , Geldings , Oxen , Shéep-skins dressed without the Wooll , and all sorts of Manufactures made of Leather , paying the respective Rates appointed by this Act , and no other , any Law , Statutes , Prohibitions , and Customes to the contrary notwithstanding .

Goods which may be exported being at certain p●●ses . And be it further Enacted by the Authority aforesaid , That it shall and may be lawful , immediately after the passing of this Act , for any person or persons to ship , carry out , and transport by way of Merchandize , these several sorts of Goods following , that is to say , Gun-powder , when the same doth not excéed the price of five pounds the Barrel . And Wheat , Rye , Pease , Beans , Barley , Mault and Oats , Béef , Pork , Bacon , Butter , Chéese , Candles , when the same do not excéed in price at the Ports from whence they are Laden , and at the time of their Lading , these prises following : That is to say , Wheat the Quarter , Forty shillings ; Rye , Beans and Pease , the Quarter , Twenty four shillings ; Barley and Mault , the Quarter , twenty shillings ; Oats the Quarter , Sixtéen shillings ; Béef the Barrel , Five pounds ; Pork the Barrel , Six pounds ten shillings ; Bacon the pound , Six pence ; Butter the Barrel , Four pounds ten shillings ; Chéese , the Hundred , One pound ten shillings ; Candles , the dozen pound , Five shillings , paying the respective Rates appointed by this Act , and no more : Any former Law , Statute , Prohibition or Custome to the contrary in any wise notwithstanding .

His Majesty by Proclamation may prohibit transporting Gun-powder , Arms , and Ammunition out of England . 1. Stat. 17. Car. 1. cap. 21.

An additional Subsidy upon Wines over and above the forementioned rates .

Security to be given by the Importer .

The said Subsidy to be repaid upon exportation .

Provided alwayes , That it shall be frée and lawful for his Majesty , at any time when he shall sée cause so to do , and for such time as shall be therein expressed by Proclamation , to prohibit the Transporting of Gun-powder , or any sort of Arms or Ammunition , into any parts out of this Kingdome : Any thing in this Act contained to the contrary notwithstanding .

And be it further Enacted by the Authority aforesaid , That over and above the Rates herein before mentioned , there shall be paid unto your Majesty of every Ton of Wine of the Growth of France , Germany , Portugal , or Madera , brought into the Port of London , or elsewhere , the sum of thrée pounds of currant English money , within the space of Nine moneths after the Importing : And of every Ton of all other Wines brought in as aforesaid , the sum of Four pounds of like currant Money , within the space of Nine months after the Importing thereof : For the payment of which duties accordingly , the Importer shall give good Security : And if any of the said Wines for which the additional Duty in this clause mentioned , is paid , or secured at the Importation , be Exported within twelve moneths after their Importation , then the foresaid additional Duty in this clause mentioned shall be returned , or the security discharged , as to so much as shall be so Exported : And if at the Importation , the Importer shall pay for the same ready money , he shall be allowed after the Rate of Ten per Cent. for a year .

All Wines discharged of Excise . And be it further Enacted , That from and after the said Four and twentieth day of July , all manner of Wines whatsoever to be Imported in the Port of London , or elsewhere , shall be fréed and discharged , of and from the Imposition of Excise .

Prisage wines not to pay any custome or subsidy . Provided , and it is hereby Declared and Enacted , That the prisage of Wines , or prise-Wines , ought not to pay Tonnage nor Custome , and shall not be charged with the payment of any Custome , Subsidy , or sum of money Imposed upon Wines by this Act , or any thing therein contained . Stat. 13 Car. 2. cap. 7.

CAP. V.

For continuing the Excise untill the Twentieth of August , 1660. EXP. Stat. 13 Car. 2. cap. 7.

CAP. VI.

For the present Nominating of Commissioners of Sewers , His Majesty not yet having constituted any Treasurer of England , or Chief Justice of either Bench , according to the Stat. of 20 H. 8. EXP. and the said Statute of H. 8. to continue in force .

CAP. VII .

Marquess of Ormond . An Act for restoring unto James Marquess of Ormond , All his Honours , Manors , Lands and Tenements in Ireland , whereof he was in possession on the Three and twentieth day of October , One thousand six hundred forty and one , or at any time since . PR.

CAP. VIII .

For continuing the Excise till the Five and twentieth Day of December , One thousand six hundred and sixty . EXP. Stat. 13 Car. 2. cap. 7.

CAP. IX .

For the speedy Provision of Money , for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea : by a contribution of all persons according to their several Ranks and Degrees . EXP.

CAP. X.

Explanations of certain defaults in an Act Entituled , An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom , both by Land and Sea .

CAP. XI .

The Kings Majesties most gracious , Free and General Pardon , Indempnity , and Oblivion .

THe Kings most Excellent Majesty taking into His Gracious and Serious consideration the long and great Troubles , Discords and Wars , The Causes and Ends of this Pardon and Indempnity . that have for many years past béen in this Kingdom , and that divers of His Subjects are by occasion thereof , and otherwise , faln into and be obnoxious to great pains and penalties : Out of a hearty and pious Desire to put an end to all Suits and Controversies , that by occasion of the late Distractions have arisen or may arise betwéen all His Subjects ; The General Pardon . And to the intent that no Crime whatsoever committed against His Majesty or His Royal Father , shall hereafter rise in Iudgment , or be brought in Question against any of them to the least endamagement of them , either in their Lives , Liberties , Estates , or to the prejudice of their Reputations , by any Reproach or Term of Distinction ; And to bury all Séeds of future Discords and remembrance of the former , as well in his own Breast as in the Breasts of His Subjects one towards another : And in performance of His Royal and Gracious Word signified by His Letters to the several Houses of Parliament now assembled , and His Declarations in that behalf published , Is pleased that it may be Enacted , And be it Enacted by the Kings most Excellent Majesty , with the advice and consent of the Lords and Commons in this present Parliament assembled , First , That all and all manner of Treasons , Misprisions of Treason , Murthers , Felonies , Offences , Crimes , Contempts and Misdemeanors , Counselled , Commanded , Acted or done since the first day of January , in the year of Our Lord , One thousand six hundred thirty seven , by any person or persons before the Twenty fourth day of June , in the year of Our Lord , One thousand six hundred and sixty , other then the persons hereafter by name excepted , in such manner as they are hereafter excepted , by vertue or colour of any command , power , Authority , Commission , or Warrant or Instructions from his late Majesty , King Charles , or His Majesty that now is , or from any other person or persons , deriving or pretending to derive authority , mediately or immediately , from both or either of their Majesties , or by vertue or colour of any Authority derived mediately or immediately of or from both Houses , or either House of Parliament , or of or from any Convention , or Assembly , called or reputed , or taking the Name of the Kéepers of the Liberty of England , by Authority of Parliament , Or by vertue or colour of any Writ , Commission , Letters Patents , Instruction or Instructions of or from any person or persons , Tituled , reputed , or taken to be Lord Protector of the Commonwealth of England , Scotland , and Ireland , and the Dominions thereunto belonging , or Lord Protector of the Commonwealth of England , Scotland , and Ireland , and the Dominions and Territories thereto belonging ; or assuming the authority , or reputed to be chief Magistrate of the Commonwealth , or Commander in chief of the Forces or Armies of this Nation , by Sea or Land , or by any pretence , Warrant , or Command whatsoever , from them or any of them , or their or either of their respective Councils or Council , or any Member of such Council or Councils , or from any person or persons whatsoever , deriving or pretending to derive Authority from them , or any of them , be pardoned , Released , Indempnified , discharged , and put in utter Oblivion .

And that all and every the person and persons , Acting , Advising , Assisting , Abetting , and Counselling the same , they , their Heirs , Executors , and Administrators , ( except as before is excepted ) be and are hereby pardoned , Released , Acquitted , Indempnified , and discharged from the same : And of and from all pains of Death , and other Pains , Iudgments , Indictments , Convictions , Attainders , Outlawries , Penalties , Escheats and Forfeitures , therefore had or given , or that might accrew for the same : And that all such Iudgments , Indictments , Convictions , Attainders , Outlawries , Penalties , Escheats and Forfeitures , and every of them , and all Grants thereupon made , and all Estates derived under the same , be and are hereby Declared and Enacted to be from henceforth Null and void : And that all mean profits not yet received by such Grantées , shall be , and are hereby discharged : And that all and every person and persons , Bodies Politick and Corporate , their and every of their Heirs , Executors , Administrators and Successors , shall be , and are hereby restored to all and every their Lands , Tenements and Hereditaments , Goods , Chattels , and other things forfeited , which to His Majesty do or shall appertain by reason of any offence herein before mentioned , and not hereafter in this present Act Excepted and Foreprised . All Appeals , personal Actions and Suits pardoned .

And be it further Enacted , That all Appeals , and all personal Actions , Suits , Molestations and Prosecutions whatsoever , for or by reason of any Act of Hostility , Trespass , Assault , Imprisonment or breach of the Peace , Advised , Counselled , commanded , Appointed , Happened , Acted or done by reason of the late troubles , or the late Wars , in his Majesties Dominions , or relating thereunto , and Iudgments and Executions thereupon had before the first day of May , in the Year of our Lord , One thousand six hundred fifty eight , stand and be from henceforth discharged ; But not to restore to any Person or Persons any sums of money , mean Profits , or Goods already received or taken upon such Execution , or to give any accompt for the same .

And be it likewise Enacted , That all Appeals and all personal Actions and causes of such Actions , Suits , Molestations and Prosecutions whatsoever , for or by reason of any Act or thing advised , counselled , commanded , Acted or done by vertue or colour of any Authority or Commission granted by His late Majesty , or his Majesty that now is , or by vertue or colour of any Order or Ordinance of one or both Houses of Parliament sitting at Westminster ; Or by any Act or order made by any Persons assuming the name of a Parliament , and sitting as a Parliament at Westminster , after the death of the late King CHARLES the First ; Or by the Authority of the said kéepers of the Liberties of England ; Or by any Ordinance by either of the late Protectors and Council ; Or by or upon any Commission , Writ , Process , or Warrant , by them or any of them , or by Authority derived from them or any of them : And all demands of Arrearages of Rents and mean Profits of Lands , Tenements , or Hereditaments heretofore incurred or grown due , which have béen paid , received or disposed by vertue or colour of any the Authorities or pretended Authorities aforesaid , other then such Arrearages or mean profits as are or shall be otherwise disposed by any Act. or Acts of this present Session of Parliament , be from henceforth discharged .

And it is further by the Authority aforesaid Enacted in the second place , That all and every the Subjects of these His Majesties Realms , of England and Ireland , the Dominion of Wales , the Isles of Jersey and Garnsey , and the Town of Berwick upon Tweed , and other His Majesties Dominions , the Heirs , Executors , and Administrators of them , and every of them , and all and singular Bodies in any manner of wise corporated , Cities , Burroughs , Shires , Ridings , Hundreds , Lathes , Rapes , Wapentakes , Towns , Villages , Hamlets and Tythings , and every of them , and the Successor and Successors of every of them , shall be and are by the authority of this present Parliament Acquitted , Pardoned , Released , Indempnified and Discharged against the Kings Majesty , his Heirs and Successors , and every of them , of and from all manner of Treasons , Misprisions of Treason , Felonies , Offences , Contempts , Trespasses , Entries , Wrongs , Deceits , Misdemeanors , Forfeitures , penalties and sums of Money , Intrusions , Mean profits , Wardships , Marriages , Reliefs , Liveries , Ouster le mains , Mean Rates , Respits of Homage , Fines and Seisures for Alienation without License , Arrearages of Rents , ( other then the Arrearages of Rents due from the late Farmers , or pretended Farmers of of the Excise or Customs respectively , other then such Arrearages of Rents , or Mean profits , as are or shall be otherwise disposed by any Act or Acts of this present Parliament ) and of and from all Arrearages of Tenths and First-Fruits , Fines , post-fines , Issues , and Amerciaments , and all Recognizances , Bonds , or other Securities given for payment of them , or any of them , concealments of Customs and Excise , Arrearages of purveyance and of compositions for the same , and of and from all pains of Death , pains corporal and pecuniary , and generally of and from all other Things , Causes , Quarrels , Suits , Iudgments and Executions , in this present Act hereafter not Excepted nor Foreprized , which may be or can be by his Majesty in any wise , or by any means pardoned , before and unto the twenty fourth day of June , in the year of our Lord , One thousand six hundred and sixty , to every or any of his said Subjects , Wardships and Mean Profits unreceived . Bodies Corporate , Cities , Burroughs , Shires , Ridings , Hundreds Lathes , Rapes , Wapentakes , Towns , Villages , and Tithings , or any of them .

And be it further Enacted by the Authority aforesaid , That all Grants and Patents since the twenty fifth of March , One thousand six hundred forty one , touching the Wardship and Custody of the Body and Lands , or touching the marriage of any Heir within age , and all mean profits yet unreceived , All things not excepted shall be by the general words of this Act as well as it particularly named . and demandable by reason thereof , shall be , and are hereby from henceforth Discharged .

And also the Kings Majesty is contented , That it be further Enacted by Authority of this present Parliament , and be it Enacted by the Authority aforesaid , That this His said Frée Pardon , Indempnity and Oblivion , shall be as good and effectual in the Law to every of his said Subjects , Bodies Corporate , and others before rehearsed , in , for , and against all things which be not hereafter in this present Act Excepted and Foreprized , as the same Pardon , Indempnity , and Oblivion , should have béen , if all Offices , Contempt , Forfeitures , Causes , Matters , Suits , Quarrels , Iudgments , Executions , Penalties , and all other things , not hereafter in this present Act Excepted and Foreprized , had béen particularly , singularly , especially and plainly named , rehearsed , and specified , and also pardoned by proper and express Words and Names , in their Kinds , Natures and Qualities , by Words and Terms thereunto requisite to have béen put in and expressed in this present Act of Frée Pardon , Indempnity and Oblivion : And that his said Subjects , nor any of them , nor the Heirs , Executors or Administrators of any of them , nor the said Bodies Corporate , and others before named and rehearsed , nor any of them , be , nor shall be Sued , Vexed or Inquieted , by , or on the behalf of the Kings Majesty , his Heirs or Successors , in their Bodies , Goods , Chattels , Lands or Tenements , for any manner of Matter , Cause , Contempt , Misdemeanor , Forfeiture , Trespass , Offence , or any other thing Suffered , Done or committed , before the said twenty fourth day of June , One thousand six hundred & sixty , against His late Majesty King Charles , or His Majesty that now is , His Crown , Dignity , Prerogative , Laws or Statutes , but onely for such Matters , Causes and Offences , as be Excepted and Foreprized by this present Act out of the same , any Statute or Statutes , Laws , Customs or Vsages heretofore had , made or used , to the contrary in any wise notwithstanding ; And that all and every the Kings said Subjects , and all and singular Bodies Corporate , and others before rehearsed , may by him or themselves , or by his or their Deputy or Deputies , or by his or their Attorney or Attorneys , according to the Laws of this Realm , plead and minister this present Act of Frée Pardon , for his or their Discharge , of or for any thing that is by vertue of this present Act Pardoned , Discharged , Given or Granted , without any Fée , or other thing , paying to any person or persons for wriiing or entry of the Iudgements or other cause concerning such Plea , Writing , or Entry , but onely sixtéen pence to be paid to the Officer or Clerk that shall enter such Plea , Matter or Iudgement for the Parties Discharge in that behalf , any Law , Statute , Vsage or Custom to the contrary notwithstanding .

And furthermore , the Kings Majesty is contented and pleased , that it be Enacted , This Pardon , &c. to be expounded in all Courts most beneficial for the Subject . and be it Enacted by the authority aforesaid , That this His said Frée Pardon , Indemntty and Oblivion , by the general Words , Clauses and Sentences , before rehearsed , shall be reputed , déemed , adjudged , expounded , allowed , and taken in all manner of Courts of his Highness , and elsewhere , beneficial and available to all and singular the said Subjects , Bodies Corporate , and others before rehearsed , and to every of them , in all things not in this present Act excepted or foreprized , without any ambiguity , question , or other delay whatsoever it shall be , to be made , pleaded , objected , or alleadged by the King our Soveraign Lord , His Heirs or Successors , or by His or any of their general Attorney , or Attorneys , or by any person or persons for his Highness , or any of His Heirs or Successors .

And furthermore , be it Enacted by the King our Soveraign Lord , The Penalty of any Officer , &c. that shall go about to disquiet or trouble any person pardoned by this Act. and the authority aforesaid , That if any Officer or Clerk of any of His Highness Courts , commonly called the Chancery , Kings-Bench , and Common-pleas , or of his Exchequer , or any other Officer or Clerk of any other of His Highness Courts within this Realm , at any time of the passing of this present Act , make out , or write out any manner of Writs , Process , Summons , or other Precepts , whereby any of the said Subjects , or of the said Bodies Corporate , or others before rehearsed , or any of them , shall be in any wise arrested , attached , distrained , summoned , or otherwise vexed , inquieted , or grieved , in his or their Bodies , Lands , Tenements , Goods or Chattels , or in any of them , for , or because of any manner of thing pardoned or discharged by vertue of this Act of Frée Pardon . Or if any Sheriff or Escheator , or any of their Deputy or Deputies , or any Bayliff , or other Officer whatsoever , by colour of his or their Office , or otherwise , after the passing of this present Act , do levy , receive , take , or withhold of or from any person or persons , any thing pardoned or discharged by this Act , That then every such person so offending , and thereof lawfully convicted or condemned by any sufficient testimony , witness , or proof , shall yield and pay for recompence thereof to the party so grieved or offended thereby , his or their treble damages , besides all costs of the Suit ; and shall also forfeit and lose to the Kings Majesty for every such default , ten pounds : And nevertheless all and singular such Writs , Process and Precepts so to be made for , or upon , any manner of thing pardoned or discharged by this present Act of Frée Pardon , Indemnity and Oblivion , shall be utterly void and of none effect .

Except and alwayes foreprized out of this Frée and General Pardon ,

Exceptions out of his Pardon .

All Murder not comprised in the first . clause of this Pardon excepted .

Pyracy excepted .

Buggery .

Rapes and wilful taking away any Maid excepted .

all Murders done or committed by any person or persons , other then such which are pardoned and discharged in the first clause of pardon above mentioned ; And also excepted and alwayes foreprized out of this General and Frée Pardon , all and every the offences , of Piracy and Robbery upon the Seas , not done in relation to the Diffrences and Wars aforesaid , and every procuring or abetting of any such Offendors , and the comforting and receiving of them , or any of them , or any goods taken by way of such Piracy or Robbery upon the Seas as aforesaid : And also excepted the detestable and abominable Vice of Buggery committed with Mankind or Beast : And also excepted all Rapes and carnal Ravishments of Woman : And also excepted all Ravishments and wilful taking away , or marrying of any Maid , Widow or Damsel against her will , or without the assent or agréement of her Parents , or such as then had her in custody ; and also all Offences of aiding , comforting , procuring and abetting of any such Ravishment , wilful taking , or Marrying , had , committed or done : And also excepted all Offences made Felony by a certain Act made and ordained , Entiuled ,

Double Marriages excepted .

Witchcraft excepted .

Accompts of certain Treasurers and Receivers . St. 13. Car. 2. cap. 3.

An Act to restrain all persons from Marriage until their former Wives and former Husbands be dead : And also except all Offences of Invocations , Conjurations , Witchcrafts , Sorceries , Inchantments , and Charms ; and all Offences of procuring , abetting , or comforting of the same ; and all persons now attainted or convicted of any of the said excepted Offences : And also excepted all and singular the accompts of all and every person and persons appointed by any of the Authorities , or pretended Authorities aforesaid , to be Treasurer , Receiver , Fermor or Collector , ( other then the Sub-collectors of the several Parishes , Towns , and Hamlets respectively , for and concerning their Receipts before the four and twentieth day of Iune , in the year of our Lord one thousand six hundred fifty nine ) who have received or collected any Subsidy , Custom , Subsidy of Tonnage and Poundage , Prize-Goods , Assessments , Sequestration , New Impost , or Excise , or of any the Rents and Revenues of any Lands or Hereditaments , of or belonging unto the late King , Quéen , or Prince , or King that now is , or belonging unto the late Arch-Bishopricks , Bishopricks , Deans : or Deans and Chapters , Canons , Prebends , and other Officers belonging to any Cathedral or Collegiate Church , or Popish Recusants convict , or of persons Sequestred for their Recusancy , or other Sequestred Estates received or collected by , or paid unto them since the thirtieth of January , in the year of our Lord One thousand six hundred fourty two ; and of all Monies and other Duties grown due or contracted upon the Sale or Disposition of them , or any of them .

Proviso for the Heirs and Lands of Accomptants excepted . Provided , That the Heirs , Executors , Administrators , or Ter-tenants of the Lands of any Accomptant within this Exception now deceased , shall not be charged with , nor lyable unto any accompt for the matters in this Exception mentioned : Except for such sum or sums of Money as remain due upon any of their accompts already Stated , and Determined , and are not yet paid in , and that no Accomptant as abovesaid , now living , shall be liable to make accompt of any sum or sums of Money , paid or disbursed , or otherwise allowed or discharged , by vertue or colour of any Order , or Ordinance , of both or either House or Houses of Parliament , or any Convention , or Assembly called , or Reputed , or taking on them the name of a Parliament , or of Oliver Cromwel , pretended Protector , or of Richard his Son , while he continued , or was stiled , or obeyed as Protector , or by any persons acting as a Committée , appointed by the said two Houses , or either of them , or by any such Convention , or Assembly , or any Order or Direction of such Committée or Committées , or any person or persons acting as a publick Council , though having no legal authority so to do , or by their or any their Order or Orders , or Direction .

Fees and Salaries , &c. not to be accompted for . It being further Declared and Enacted , And it is Enacted by the Authority aforesaid , That no person or persons shall be charged for any Moneys by him received for the Fées , Salaries , and Wages then allowed , or for Moneys by him disbursed upon any publick use , or pretence , though the Direction , or Authority whereby the same Money was issued , was not , or be not Legal and Warrantable in Law . Military payments not to be accompted for .

And be it further provided , That no Military , or commissioned Officer of the Armies , or Navies , or Souldier , or Marriner , who before the twenty fifth of March one thousand six hundred fifty nine , hath received any Moneys for his own pay , or the pay of other Souldiers , or for any other Contingencies of the Souldiers , or Garrisons under his command , or by way of reward , shall be called to accompt therefore . No person to be called to an accompt after the 24 of Iune 1662.

And that no person whatsoever shall be called to accompt for any the matters in this Exception mentioned , after the four and twentieth day of Iune , which shall be in the year of our Lord God one thousand six hundred sixty and two next ensuing ; And that in case any person who stands accomptable for any Moneys received since the first of Ianuary , one thousand six hundred forty two , and before the thirtieth of Ianuary , one thousand six hundred forty eight , have béen-robb'd , or plundered by Souldiers , or others , of the Moneys in their hands , or any Notes or Books of Receipt , or Acquitances touching their payments or discharge , Then the Oath or Oaths of such party or parties of the same respectively , shall be a good discharge for so much of their accompt . And that the Oath of every Accomptant in or betwéen the years , one thousand six hundred forty two , and one thousand six hundred forty eight of what they have paid to any publick use , by , or according to any publick or pretended Order or Authority whatsoever , shall be a good discharge , as to so much of the accompt of such person or persons . And except all First-fruits and Tenths in the hands of any Receiver not having disbursed ,

Discharges and quietus est given in the Exchequer .

Accompts of the Revenues of Churches in Wales .

Bribery , Subornation , Forging Debentures , &c. Witnesses .

as in the last Exception is expressed .

Provided , That all and every Iudgment of Discharge , or Quietus est , had , or given at any time upon any accompt in the publick Exchequer , since the year One thousand six hundred forty eight , be allowed , and shall not be avoided ; except all accompts of the Revenues of Churches and Vicaridges in Wales , and the County of Monmouth , and all Iudgments of Discharge , or Quietus thereupon obtained ; And also Excepted out of this Pardon all offences of Bribery , Perjuries , and the Subornation of Perjury , or Witnesses and Offences of Forging or Counterfeiting any Déeds , Debentures , Bills of publick Faith , Escripts , Wills , or other Writings whatsoever , or of any Examinations or Testimonies of any Witness or Witnesses , tending to bring any person or persons in danger of his Life , Liberty , or Estate , and the giving the same in evidence , and the compelling or procuring of any such counterfeiting or forging to be had or made : Imbezeling and purloyning the Kings goods .

And also excepted all offences in detaining , imbezeling , or purloining any the Goods , Money , Chattels , or Iewels of the late King , Quéen , or Prince , or any of the Children of the late King and Quéen , other then Shipping , Stores , and Ammunitions of War , and other then such Goods and Chattels as have béen sold or disposed of to any of the Servants or Creditors of his late Majesty , in or toward satisfaction of their debts or wages .

Issues , fines , and amerciaments Received by Sheriffs . And also excepted out of this pardon , all Issues , Fines , and Amerciaments , Rents , and other publick Duties being Levied , Received , or Collected by any Sheriff , Vnder-Sheriff , Bayliff , Minister , or other Officer , to , or for the use of the late King , the Parliament , or the said Kéepers of the Liberty of England , or any other person stiling himself Protector , or for his Majesty that now is , and not accompted for , and discharged .

Iesuites , Seminary , and Romish Priests excepted . And also excepted out of this Pardon , all and every offence and offences committed or done by any Iesuit , Seminary , or Romish Priest whatsoever , contrary to the Tenor or effect of the Statute made in the Seven and twentieth year of the Reign of the late Quéen Elizabeth , Entituled , An Act against Jesuits , Seminaries , Priests , and other disobedient persons , or of any part thereof , and all out-lawries , procéedings , Iudgments , and executions for the same offences , or any of them .

Provided alwayes , and be it Enacted by the authority aforesaid , Writs of Cap. Utlagat . may be di●●●ed against any person . That it shall and may be lawfull , to , and for all and every Clerk and other Officer of the Courts at Westminster , to award and make Writs of Capias Utlagatum , at the suit of the party plaintiff , against such persons out-lawed , as be pardoned by this Act , to the intent to compel the Defendant , or Defendants , to make answer to the plaintiff or plaintiffs , at whose suit , he or they were outlawed ; And that every person so out-lawed , The party out-lawed may sue one a scire fac as against the Plaintiff . shal sue a Writ of Scire facias against the party or parties at whose Suit he or they were so out-lawed , before this pardon in that behalf shall be allowed him or them so out-lawed .

Provided , and be it Enacted by the authority aforesaid ; That this Act of general pardon shall not in any wise extend to pardon any Out-lawries upon any Writ of Capias ad Satisfaciendum untill such time as the party so out-lawed shall satisfie , Persons out-lawed upon capias ad satisfaciendum , &c. or otherwise agrée with the party at whose suit the same person was so out-lawed or condemned .

And also excepted out of this pardon , all informations and other procéedings depending , concerning any common Highwayes or Bridges , and all issues returned upon any process , concerning the same , since the Thirtieth day of January , Informations and proceedings concerning high-waies , &c excepted . One thousand six hundred forty eight Except also all Recognizances , Obligations , and other securities given or entred into , Since the five and twentieth of March , One thousand six hundred and forty , by any Receiver , Réeve , Bayliffe , Collector or other accountant in the Court of the publick Exchequer , and their sureties and their acounts respectively .

Provided alwayes , and be it Enacted ; that this Act , or any thing therein Contained , Obligation and recognizance not yet forfeited . shall not extend , or be construed to Pardon , or discharge any Recognizance , Obligation or Bond , which is not yet forfeited .

And be it further Enacted by the Authority aforesaid . That all Acts of Hostility and Injuries , All acts of hostility , injuries , &c. between the King and his Parliament to be put in perpetual oblivion . whether betwéen the late King and the Lords and Commons then in Parliament assembled , or betwéen any of the People of this Nation , which did arise upon any Action , Attempt , Assistance , Counsell or Advice , having Relation unto , or falling out by reason of the troubles , or in the late Wars , or publick differences betwéen the late King and Parliament , or betwéen His now Majesty , or any of Subjects , and which are not in this Act excepted ; That the same and whatsoever hath ensued thereupon , whether trenching upon the Laws and Liberties of this Nation , or upon the Honor of His Majesty , or upon the Honor or Authority of the Parliament , or to the prejudice of any particular or private Person , shall in no time , from and after the four and twentieth day of June , in the year of our Lord one thousand six hundred and sixty , be called in question , whatsoever be the quality of the person , or of whatsoever kind or Degrée , Civil or Criminal , the In●ury is supposed to be ; And that no mention be made thereof in time to come , in Iudgment , or in Iudicial procéedings .

And to the intent and purpose that all names and terms of Distinction may be likewise put into utter Oblivion , Be it further Enacted by the Authority aforesaid ; The penalty upon any person that shall within 3. years use any words of reproach or disgrace tending to revive the memory of the late differences . That if any person or Persons , within the space of Thrée years next ensuing , shall presume maliciously to call or alledge of or object against any other person or persons , any Name or Names , or other Words of Reproach , any way tending to revive the Memory of the late Differences , or the Occasions thereof ; That then every such person , so as aforesaid Offending , shall forfeit and pay unto the party grieved , in case such party Offending shall be of the Degrée of a Gentleman or above , Ten pounds ; and if under that Degrée , The sum of forty shillings ; to be recovered by the party grieved , by Action of Debt , to be therefore brought in any of His Majesties Courts of Record , wherein no Essoin , protection , or Wager of Law shall be allowed , or any more then one Imparlance , so as the same Action be commenced , or prosecuted within six Moneths next after the Offence Committed : And if the Iury sworn to try any Issue or Issues that shall be joyned in such Action , shall find for the plaintiff , they shall likewise give to every such Plaintiff Forty shillings Damages , over and above the penalty aforesaid .

Provided alwayes , that this Act , or any thing therein contained , shall not Extend , Persons plotting or signing the Irish Rebellion excepted . or give any benefit unto any person or persons , who have had any hand in the Plotting , Contriving , or designing , the great and heinous Rebellion in Ireland mentioned in one Act passed in the Parliament , begun at Westminster the third day of November , in the sixtéenth year of King Charles , entituled , An Act for the speedy and effectual Reducing of the Rebels in His Majesties Kingdom of Ireland , to their due obedience to His Majesty and Crown of England , Or in Aiding , Assisting , or Abetting the same : ( Other then such as by another Act intended hereafter to be passed , shall be therein Named , mentioned , or Expressed to be pardoned , ) nor to Enure to Restore to any person or persons , bodies politick or corporate , ( other then the Marquess of Ormond Lord Steward of his Majesties Houshold , and other the Protestants of Ireland , ) and their Heirs , and such other person and persons , as in , and by an Act intended hereafter to be passed , shall be therein Named , Mentioned , or Expressed in that behalf , any Estate , Liberties , Franchises , or Hereditaments in England , or Ireland , sold , or disposed of by both , or either Houses of Parliament , or any Convention assuming the Stile or Name of a Parliament , or any person or persons deriving authority from them , or any of them , or which was approved , or confirmed by them , or any of them ; Nor to the Mean Profits , Rents , or Contingencies of advantage of the same .

Every person pardoned may plead the general Issue . And it is further provided and Enacted , That every person or persons , hereby pardoned , may plead the General Issue , without special pleading of this Pardon , and give this Act of Pardon in evidence for his discharge , and that the same shall be thereupon allowed , and the advantage thereof had as fully to all intents and purposes , as if the same had béen fully and well pleaded ; And in such manner , as any Iustice of the peace , Constable , or other Officer , questioned for matters acted by them as Officers , or in execution of their Offices , may have advantage of the matter of their Iustification , upon the General Issue by them pleaded , by the Laws and Statutes of this Kingdom .

Thefts and Felonies since the fourth of March 16●9 . excepted . Provided also , That this Act , nor any thing therein contained , shall extend , or be interpreted to extend to pardon any person or persons whatsoever , for any Theft or Stealing of any Goods , or other Felonies , since the fourth day of March in the year of our Lord , one thousand six hundred fifty and nine , any thing in this Act contained to the contrary thereof in any wise notwithstanding .

This Act not to extend to goods to be restored upon an Act for Repeal of two Acts for Sequestrations . Provided also , That neither this Act nor any thing therein contained , shall extend to acquit or discharge any person or persons , from making restitution of all such Rents , sums of Money , Horses , Cattel , or other Goods , which by a certain Act , or pretended Act lately made , intituled An Act for Repeal of two Acts for Sequestrations , are required to be restored to those from whom they were taken ; Nor shall this present Act be construed to Disable , or Bar the respective Owners , or Proprietors , of , and from their several and respective Actions , or Suits at Law , or in equity , for , or by reason of the said , or any other Rents , Moneys , Horses , Cattle , or Goods which since the five and twentieth day of Iuly , one thousand six hundred fifty and nine , have béen by any person or persons wrongfully received , or taken away , and for which the said Wrong-doers , are not in any wise Indempnified by the said , or any other Act of Repeal .

Goods , &c. sequestred and actually paid in to any publicks Treasury . And be it further Enacted by the authority aforesaid , That no person or persons , who by vertue of any Order or Warrant , mediately or immediately derived from his late Majesty , or His Majesty that now is , or by vertue of any Act , Ordinance , or Order of any or both Houses of Parliament , or any of the authorities aforesaid , or any Committée or Committées , acting under them or any of them , have seized , sequestred , levied , advanced , or paid to any publick use , or into any publick Treasury within this Kingdom , any Goods , Chattels , Debts , Rents , sum or sums of money belonging to any person or persons whatsoever , shal hereafter be sued , molested , or drawn into question for the same , but that they and every of them shall be discharged against all persons , for so much and no more of the said Goods , Chattels , Debts , Rents , sum or sums of money , as their several and respective Orders of discharge or acquittances extend unto .

Persons who have received money privately for his Majesties supply to accompt . Provided also , That nothing herein contained shall extend to discharge any person or persons , who have béen by private order or Instructions imployed and intrusted , or have undertaken the imployment to receive any sum or sums of money for the Kings Majesties Service or Supply , since the year one thousand six hundred forty and eight , from making their accompts for the same .

Provided also , That this Act shall not extend to pardon or discharge from accompts to the Kings Majesty , any person or persons , for any sum or sums of money received for that Illegal Tax of Decimation , Moneys received upon Decimation not pardoned . or upon the accompt of any Militia setled or acted in , since one thousand six hundred forty and eight , and not accompted for or paid over , or discharged to , or by any that had authority , or pretended authority to discharge the respective Receivers of the same .

Provided also , That if any person or persons , being His Majesties Menial Servant or Servants , or having , or pretended to have received particular Instructions or Directions from his Majesty , have , during the time of such his or their relation unto his Majesty , or whilst he or they were acting , or pretending to Act for His Majesties Interest , in pursuance of the said Instructions , or directions , Wilfully , Maliciously , and Trayterously held Intelligence with any forreign Prince or Princes , Persons that have had Directions or Instruction from his Majestie and have betrayed their trust , or his Majesties Councels , excepted . State or States , or with any person or persons , usurping Supreme authority in this Kingdom , or other his Majesties Dominions , or with their or either of their Ministers or Agents , and without his Majesties license , and to the intent to betray His Majesties person or Councels ; or have received any sum or sums of money , or pension for such Treachery , that then such person or persons , as to the offence in this proviso mentioned , shall be , and is hereby excepted out of this Act , any thing herein contained to the contrary notwithstanding ; so as such person or persons be out-lawed , or otherwise legally convicted of such offence or offences , within the space of two years from the five and twentieth day of April , one thousand six hundred and sixty .

Duties upon Excise and from Farmers thereof excepted . Provided , That this Act of General Pardon , of any thing therein contained , shall not extend to the pardoning or discharging of any Debts or Sums of money due to or for the Excise of any Goods or Merchandize , whereof any Entries have béen made in the Custom-house , which have grown due since the twenty fifth day of March , one thousand six hundred fifty and eight , or to the pardoning or discharging of any Debts or Sums of money due to the Farmers , or pretended Farmers of Excise , since the twenty fifth day of March , one thousand six hundred fifty and seven .

Persons excepted by name Provided also , that this Act ; nor any thing therein contained , shall extend to pardon , discharge , or give any other benefit whatsoever , unto John Lisle , William Say Sir Hardress Waller

Valentine Wauton , Tho. Harrison , Edward Whalley Wil. Heveningham , Isaac Penington , Henry Martin , John Barkstead , Gilbert Millington , Edmund Ludlow , Sir Michael Livesey , Robert Titchbourn , Owen Row , Robert Lilburn , Adrian Scroop , John Okey , John Hewson , William Goffe , Cornelius Holland , Thomas Challoner , John Carew , John Jones , Miles Corbet , Henry Smith , Gregory Clement , Thomas Wogan , Edmond Harvey , Thomas Scot , William Cawley , John Downs , Nicholas Love , Vincent Potter , Augustine Garland , John Dixwel , George Fleetwood , Simon Meyn , James Temple , Peter Temple , Daniel Blagrave , Thomas Wait , John Cook , Andrew Broughton , Edward Dendy , William Hewlet , Hugh Peters , Francis Hacker , Daniel Axtel , nor any of them , nor of those two persons , or either of them , who being disguised by Frocks and Vizors did appear upon the Scaffold , erected before Whitehal upon the thirtieth of Ianuary , one thousand six hundred forty and eight : All which persons for their execrable Treason , in sentencing to death , or signing the Instrument for the horrid Murder , or being instrumental in taking away the precious Life of our late Sovereign Lord Charles the first of Glorious Memory , are left to be procéeded against as Traytors to His late Majesty , according to the Laws of England , and are out of this present Act wholly excepted and foreprized .

But ingard the said Owen Row , Augustine Garland , Edmond Harvey , Henry Smith , Persons that appeared and rendred themselves . Henry Martin , Sir Hardress Waller , Robert Titchbourn , George Fleetwood , James Temple , Thomas Wait , Simon Meyn , William Heveningham , Isaac Penington , Peter Temple , Robert Lilburn , Gilbert Millington , Vincent Potter , Thomas Wogan , and John Downs , have personally appeared and rendred themselves ( according to the Proclamation bearing Date the sixth day of Iune , one thousand six hundred and sixty , to Summon the persons therein named , who gave Iudgement and Assisted in the said Horrid and Detestable Murther of our said late Sovereign , to appear and render themselves ) and do pretend thereby to some favour , upon some conceived doubtful Words in the said Proclamation ;

Be it Enacted by this present Parliament , and the Authority of the same ( upon the humble desires of the Lord and Commons in Parliament assembled ) That if the said Owen Row , Augustine Garland , Edmond Harvey , Henry Smith , Henry Martin , Sir Hardress Waller , Robert Titchburn , George Fleetwood , James Temple , Tho. Wait , Simon Meyn , William Heveningham , Isaac Penington , Peter Temple , Robert Lilburn , Gilbert Millington , Vincent Potter , Thomas Wogan , and John Downs or any of them , shall be legally Attainted for the Horrid Treason and Murther aforesaid ; That then , nevertheless , the Execution of the said person and persons so Attainted shall be supended , until his Majesty by the Advice and Assent of the Lords and Commons in Parliament , shall order the Execution by Act of Parliament to be passed for that purpose .

Except also out of this present Act Oliver Cromwel deceased , Henry Ireton deceased , John Bradshaw deceased , and Thomas Pride deceased .

Provided , That nothing in this Act contained shall extend to discharge the Lands Tenements , The Lands and Goods of the persons rendring themselves not excepted . St. 13 Car. 2. ca. 15. Goods , Chattels , Rights , Trusts , and other the Hereditaments late of the said O. Cromwel , Henry Ireton , John Bradshaw , and Thomas Pride , or of Isaac Ewer deceased , Sir John Danvers deceased , Sir Thomas Maleverer Baronet deceased , William Purefoy deceased , John Blackiston deceased , Sir William Constable Baronet deceased , Richard Dean deceased , Francis Allen deceased , Peregrin Pelham deceased , John Moor deceased , John Aldred , alias Alured deceased , Humphry Edwards deceased , Sir Gregory Norton Baronet deceased , John Venn deceased , Thomas Andrews Alderman deceased , Anthony Stapely deceased , Thomas Horton deceased John Fry deceased , Thomas Hamond deceased , Sir John Bourchier deceased , of , and from such pains , penalties , and forfeitures , as by one other Act of Parliament intended to be hereafter passed for that purpose , shall be expressed and declared .

And also excepted out of this present Act , William Lord Mounson , James Challoner , Persons excepted for other penalties , not extending to life . St. 13. Car. 2. ca. 15. Sir Henry Mildmay , Sir James Harrington , John Phelps , and Robert Wallop ; All which persons did Act and sit in that Trayterous Assembly , which in the moneth of Ianuary , one thousand six hundred forty eight , Acted and procéeded against the Life of our late Sovereign , King Charles the first of blessed Memory ; and are therefore reserved to such pains , penalties and forfeitures , not extending to Life , as by another Act intended to be passed for that purpose , shall be imposed on them .

And also except Sir Arthur Hesilrig , for and in respect onely of such pains , penalties and forfeitures , not extending to Life , as by one Act intended to be hereafter passed for that purpose , shall be inflicted and imposed .

Provided alwayes , That John Hutchinson Esquire , and Francis Lassels , Persons made incapable of any Offices . shall be and are hereby made for ever incapable to Execute any Place or Office of Trust , Civil or Military , within this Kingdom ; And that the said Francis Lassels shall pay unto our Sovereign Lord the King , one full years value of his Estate , Any thing herein before contained to the contrary notwithstanding .

Provided alwayes , That this Act , or any thing therein contained , Sir Henry Vane . Iohn Lambert , excepted . shall not extend to the pardoning , or to give any other benefit whatsoever , unto Sir Henry Vane , John Lambert , or either of them , but that they and either of them , are and shall be out of this present Act wholly excepted and foreprized . Penalty of certain persons if they shall after the first of September 1660. accept any Office .

Provided , That if William Lenthal , William Burton , Oliver Saint-John , John Ireton Alderman , Colonel William Sydenham , Colonel John Desborow , John Blackwel of Moreclake Christopher Pack Alderman , Richard Keeble , Charles Fleewood , John Pyne , Richard Dean , Major Richard Creed , Philip Nye Clerk , John Goodwyn Clerk , Sir Gilbert Pickering , Colonel Thomas Lister , and Colonel Ralph Cobbet , shall after the first day of September , one thousand six hundred and sixty , accept , or exercise any Office , Ecclesiastical , Civil , or Military , or any other publique employment within this Kingdom of England Dominion of Wales , or Town of Berwick upon Tweed , that then , such person or persons as do so accept , or execute as aforesaid , shall to all intents and purposes in Law , stand as if he or they had béen totally excepted by name in this Act.

Persons that gave Sentence upon any in the illegal High Courts of Iustice . Provided likewise , That all those who since the fifth of December , one thousand six hundred forty eight , did give sentence of death upon any person or persons , in any of the late Illegal and Tyrannical High Courts of Iustice in England or Wales , or Signed the Warrant for Execution of any person there Condemned ( except Colonel Richard Ingolsby , and Colonel Matthew Thomlinson ) shall be , and are hereby made incapable of bearing any Office Ecclesiastical , Civil , or Military , within the Kingdom of England , or Dominion of Wales , or of serving as a Member in any Parliament after the first day of September , one thousand six hundred and sixty .

Provided also , and it is Enacted , That all and every the persons appointed Trustées , in a late pretended Act or Ordinance made in the year of our Lord , Persons intrusted by Ordinance 1649. about Tithes shall be accomptable . one thousand six hundred forty nine , for , and concerning Tithes appropriate , Oblations , Obventions , Pensions , Portions of Tithes appropriate , Offerings , Fée-farm Rents issuing out of the Tithes therein mentioned , First-fruits and other things , and Enacted , or mentioned to be Enacted to be vested , setled , adjudged , or déemed to be in the actual sesin or possession of such person and persons in the said pretended Act or Ordinance mentioned , and their heirs , shall accompt for , and be responsible for all Rents and Profits of the premisses which came to their hands , and have not béen by the said Trustées or their Order disbursed , disposed , or imployed for the maintenance of Ministers , or other uses , according to the said pretended Act or Ordinance , or some other Act , Order , or Ordinance , made in the year of our Lord , one thousand six hundred fifty , one thousand six hundred fifty four , and one thousand six hundred fifty six , by any assembly , called , or reputed a Parliament , or assuming the power of a Parliament , according to the intention of such Act , Acts , or Ordinances : And the Agents and Receivers under the Order of the said Trustées , and the Occupiers and Tenants of the Premisses , who have taken the premisses or profits thereof into their hands , without agréement to pay Rent therefore , and have made no accompt or satisfaction to the Trustes aforesaid , or to some other by their Order , and also the persons who have held the same , or taken the profits thereof , under any agréement to pay Rent or Money for the same , and have not paid the same , shall respectively accompt , pay and make satisfaction for so much of the premisses , and profits of the premisses , as are unsatisfied or unaccounted for as aforesaid , and pay such Arrearages of Rents or Money , as by such agréement remaineth unpaid by them : all which payments and accompts shall be made to such persons , and in such manner as in Parliament shall be directed . Nevertheless , it is not hereby intended , that any Minister , Schoolmaster , or other person , for whose benefit and maintenance the said pretended Acts or Ordinances were made , shall be accomptable or lyable to make satisfaction for any Profits , Rents , or Sums of money paid to , or taken by them respectively , by vertue or colour of any Order or Appointment of the said Trustées , or any of them , or otherwise .

Bonds taken in his Majesties name before May 1642. for securities of any his Majesties Receivers ( not pardoned , &c. ) Provided also , That this Act do not extend to pardon any Bond , taken in his late Majesties Name , before the month of May , one thousand six hundred forty two , for securing the proper Debt of any Servant or Receiver of the Revenue of his said late Majesty , that hath not béen paid to , or by order of some Lawful or Pretended authority . And whereas by an Order of the Six and twentieth day of May , in the year One thausand six hundred forty one , the then House of Commons in Parliament did accept the sum of One hundred and fifty thousand pounds , as a Composition from the Farmers of several Customs voted to be illegally taken , and some of the said Farmers did procure and pay the said whole sum of One hundred and fifty thousand pounds , at the desire of the said House of Commons , and upon their Declaration , That such of the said Farmers as did not pay their Proportions , should not be pardoned , but proceeded against ; and out of their Fines satisfaction should be made to those who had paid the said One hundred and fifty thousand pounds , and in pursuance thereof , did on the First of June then next following Resolve , That the Estates of such persons , living or dead , as have by colour of any Patent received monies from the Subject , under pretence of such Customs , or have béen under-Sharers with the Patentées , ought to be made liable to restitution .

Payments upon proportions of 150000 l. upon the customes . It is therefore Provided , That this Act shall not extend , nor be construed to extend to Pardon or Indempnifie any person or persons , their Heirs , Executors , Administrators or Assigns , who have not paid their Proportions of the said One hundred and fifty thousand pounds , or ought to have béen contributory thereunto , from , or against misdemeanors or offences relating to the said Customes , or from payment of their Proportions : But that the Estates of the dead , as well as of the living , of such who ought to have béen contributory , in whose possession soever ( Purchasers Bona fide , and upon valuable Considerations only excepted ) shall Continue and be charged , and chargeable with the payment of their Proportions , to all intents and purposes as if this Act had not béen made , any thing herein contained to the contrary notwithstanding .

Provided also , That this Act , or any thing therein contained , shall not extend , or be construed to pardon or discharge any sum or sums of money due , and Arrear for Excise of Béer , Ale , Arrears of Excise upon Beer and Ale . or other Native or Inland Commodity , since the twenty fourth day of June , One thousand six hundred fifty and nine .

Provided also , That nothing in this Act contained shall extend to the pardoning , Monies due for free quarter . or discharging of any sum or sums of money due from any Officers , or Souldiers , to any of the Subjects of this Kingdom , for frée-quarter , since the second day of July , One thousand six hundred fifty and nine , or to discharge any monies borrowed by any Officers , for preventing of frée-quarter .

Provided alwayes , And be it Enacted by the Authority aforesaid , That no Conveyance , Purchasers bona fide of Lands , other then the Kings , &c. to enjoy their purchases . Assurance , Grant , Bargain , Sale , Charge , Lease , Assignment of Lease , Grants and Surrenders by Copy of Court-Roll , Estate , Interest , Trust or Limitation of any Vse or Vses of any Manors , Lands , Tenements or Hereditaments , not being the Lands nor Hereditaments of the late King , Quéen , Prince , or of any Archbishops , Bishops , Deans , Deans or Chapters , nor being Lands or Hereditaments , sold or given , or appointed to be sold or given , for the Delinquency , or pretended delinquency of any person or persons whatsoever , by vertue or pretext of any Act , Order or Ordinance , or reputed Act , Order or Ordinance , since the first day of January , One thousand six hundred forty and one ; Nor any Statute , Iudgment , or Recognizance , had , made , acknowledged , or suffered to any person or persons , Bodies Politick , or Corporate , before the Nine and twentieth day of September , One thousand six hundred fifty and Nine , By any of the persons before in this Act by name excepted , or their Heirs , or by any other person or persons claiming , by , from , or under them , or any of them , other then the Wife or Wifes , child , children , heir , and heirs of such person and persons , or any of them , for money bona fide to them , or any of them , paid or lent , nor any conveyance , assurance , grant , or estate , made before the Five and twentieth day of April , One thousand six hundred and sixty , By any person or persons , to any such person excepted by Name , as aforesaid , in trust and for the benefit of any other person or persons , Bodies Politick , or Corporate , not excepted by name , as aforesaid , shall be impeached , defeated , made void , or frustrated hereby , or by the attainder , or conviction of any such excepted person or persons , but that the same shall be held and enjoyed by the Purchasers , Grantées , Lessées , Assigns , Cestuy que use , Cestuy que trust , and every of them , their Heirs , Executors , Administrators and Assigns respectively , as if this Act had not béen made , and as if the said person or persons had not béen excepted , attainted or convicted , Any Law , Statute , Vsage , or Custome to the contrary thereof in any wise notwithstanding .

Provided alwayes , That this Act , nor any thing therein contained , Fabric● Lands , Church Goods and Vtensils . shall not extend to Indempnifie any person or persons whatsoever , who have entred into any Messuage , Lands , Tenements and Hereditaments , called Fabrick Lands , or possest themselves of any Rent or Revenues , given for the repair of any Cathedral or other Church , or who have Sacrilegiously enriched themselves by converting the Plate or Vtensils , and Materials , of , or belonging to such Churches , to their own private use and advantage , for or in respect of the said Crimes onely . Stat. 13 Car. 2. cap. 7.

CAP. XII .

Which Judicial Proceedings shall be good and effectual in Law , and which not .

BE it Enacted , and it is Enacted by His Majesty , and the Lords and Commons in Parliament assembled , and by the Authority of the same , That no Fines , nor final Concords , Which Acts and Proceedings shall not be avoided . Chirographs , nor Proclamations of Fines , nor any Recoveries , Verdicts , Iudgments , Statutes , Recognizances , nor Inrolments of any Déeds or Wills , or of any such Fines , Proclamations , Recoveries , Verdicts , Iudgments , Statutes , or Recognizances , nor any Exemplifications of them , nor any of them , nor any Inquisitions , Indictments , Presentments , Informations , Decrées , Sentences , Probats of Wills , nor Letters of Administration , nor any Writs or Actings on , or Returns of Writs , Orders , or other Procéedings in Law or Equity , had , made , given , taken , or done , or depending in the Courts of Chancery , Kings-Bench , Vpper Bench , Common-Pleas , and Court of Exchequer , and Courts of Exchequer-Chamber , or any of them sitting at Westminster , or in the Courts of the Great Sessions in Wales , the Courts of any Counties Palatine , or Dutchy of Lancaster , or Town of Berwick upon Tweed , or in any other inferiour Courts of Law or Equity ; or by any the Iudges , Clerks , Officers , Sheriffs , Coroners or Ministers , or others , Acting in Obedience to them , or any of them , or by any the Courts of Admiralty , Delegates , Iustices of Assize , Nisi Prius , Oyer and Terminer , Gaol-Delivery , Iustices of the Peace , Commissioners of Sewers , Bankrupts , or Charitable Vses ; nor any Actings , Process , Procéedings , nor Executions thereupon had , made , given , done , or suffered , in the Kingdom of England , since the First of May , One thousand six hundred forty two , shall be avoided for want or defect of any Legal Power in the said Courts , Iudges , Commissioners , Iustices , or any of them ; or for , or by reason that the Premisses , or any of them , were commenced , prosecuted , had , made , held , or used in the Name , Stile , or Title of the late King , or in the Name , Stile , Title , or Test of Custodes Libertatis Angliae Authoritate Parliamenti ; Or in the Name , Stile , Title , or Test of The Keepers of the Liberty of England by Authority of Parliament ; Or in the Name , Stile , Title , or Test of Oliver Lord Protector of the Commonwealth of England , Scotland , and Ireland , and the Dominions thereunto belonging ; Or of Oliver Lord Protector of the Commonwealth of England , Scotland , and Ireland , and the Dominions and Territories thereunto belonging ; Or the Name , Stile , Title or Test of Richard Lord Protector of the Commonwealth of England , Scotland , and Ireland , and the Dominions and Territories thereunto belonging ; or for , or by reason of any alteration of the said Names , Stiles , or Titles ; Or for that the said Fines , Recoveries , Process , Pleadings , Procéedings , and other things before mentioned ; Or the Entry and Enrolment of them , or any of them , were in the Latine or English ; But that all and every such Fines , Recoveries , and other things above mentioned , and the Actings , Doings , and Procéedings thereupon , shall be of such , and of no other Force , Effect , and Vertue , then as if such Courts , Iudges , Iustices , Commissioners , Officers and Ministers , had acted by vertue of a True , Iust and Legal Authority , and as if the same , and the Entry and Enrolment thereof were in Latine , and as if the several Acts and Ordinances , or pretended Acts or Ordinances made by both or either Houses of Parliament , or any Convention assembled under the name of a Parliament , or by Oliver Cromwell late stiled Protector of the Commonwealth of England , Scotland , and Ireland , and the Dominions thereto belonging , and his Council , Warranting or Directing such Procéedings , had béen Good , True , and Effectual Acts of Parliament .

Fines Levied without Entry of Licentia concordandi . And whereas , since the death of the late King , several Fines have béen Levied without any Entry , or due Entring of any sum paid pro licentia concordandi , commonly called the Kings Silver , and without Entry , or due Entry of any sum given to the party for the Concord : And also whereas in the Term of St. Michael last past , several Fines were Levied and Recorded in the Court of Common Pleas , before one Iudge onely of the said Court :

Be it Enacted , That the said Fines and Proclamations thereupon , and every of them , shall be good and effectual , notwithstanding the defects aforesaid .

Fines and Recoveries of Lands in Com Palatin . Durham . And be it also further Enacted , That all Fines , Proclamations of Fines , Recoveries , and other Iudicial procéedings in the Court of Common Pleas at Westminster , since the death of His late Majesty King Charles the First , Had , Levied , or Suffered , of any Lands lying in the County Palatine of Durham , shall be good and effectual , notwithstanding the said Lands were lying in the said County Palatine .

The Illegal , Acts and Proceedings of that High Court of Iustice not allowed . Provided , That this Act or any thing there in contained , shall not be Construed , Deemed , or Adjudged to make good , allow , confirm or countenance any the Procéedings in the late Illegal and Vn-warranted High Courts of Iustice , or so called , or any of them . And whereas since the first day of May in the year of our Lord , One thousand six hundred forty one , and before the Five and twentieth day of April , in the year of our Lord , One thousand six hundred and sixty , there were divers persons that Adhered to both Houses of Parliament , who , for , or in respect of such their adherence , were Indicted , Charged , or Impeached of Treason : And whereas since the said first Day of May , in the Year of our Lord , One thousand six Hundred Forty one , and before the said Five and twentieth day of April , in the Year of our Lord , One thousand six hundred and sixty , divers persons who adhered to His Majesty , or to the late King , were for such their adherence Charged , Impeached , or Indicted of High Treason :

Indictments , &c. and all Grants thereupon made void . Be it further Provided and Enacted , That the said Charges , Impeachments , Indictments , and all Exigents , Outlawries , Convictions , and Attainders thereupon , and all Letters Patents and Grants thereupon made , of any Manors , Lands , Tenements , or Hereditaments , Escheated or Forfeited by reason of such Attainder , and all Title to any Measne Profits by reason of such Conviction , Outlawry , Attainder or Grant , be from henceforth repealed and discharged : And that all Escheats , Forfeitures and Confiscations by reason of such Outlawries , Conviction or Attainder , Be and are hereby restored unto such persons so Outlawed , Convicted or Attainted , their Heirs , Executors and Administrators respectively , as if no such Attainder had béen .

Sales made by Ordinance of Parliament . Provided Nevertheless , And be it Enacted , That this Act or any thing herein contained , shall not extend to avoid or confirm any Sales or Estates made by vertue or pretence of any Act , Order or Ordinance , or reputed Act , Order or Ordinance of Parliament , since the first day of May in the Year of our Lord , One thousand six hundred forty two , nor any Confirmation thereof made , or to be made thereof in this present Parliament , but that such sales stand and be in the same plight and condition as they should or might have done if this Act had not béen made .

Recognizances , Obligations , &c. in the names of the late Protector . And be it further Enacted by the Authority aforesaid , That all Recognizances , Obligations or other Securities , made or given to the Kéepers of the Liberty of England by Authority of Parliament , or to Oliver Lord Protector of the Commonwealth of England , Scotland , and Ireland , and the Dominions thereunto belonging , or to Oliver Lord Protector of the Common-wealth of England , Scotland , and Ireland , and the Dominions and Territories thereunto belonging ; Or to Richard Lord Protector of the Commonwealth of England , Scotland , and Ireland , and the Dominions and Territories thereunto belonging , and not pardoned , or discharged by any Act passed or to be passed this present Parliament , or otherwise , other then such Recognizances , Obligations and Securities as have béen made and given ( to any the pretended power or persons aforesaid , or to any deriving or pretending to derive Authority from them ) by any person or persons , for or by reason of their adherence to His Majesty , or His said late Royal Father , or relating to , or arising only upon or in respect of the late Troubles ; All which are hereby declared to be void , and to be delivered up to be Cancelled , And all Iudgments , Extents , Inquisitions , Executions and Seizures had for the said Kéepers or Protectors , or any of them , and not likewise pardoned or discharged , other then as aforesaid , shall and may be had and prosecuted in the name and to the use of his Majesty , his Heirs or Successors ; and also excepting all Obligations , Bonds , or Recognizances entred into to the said Kéepers or Protectors , or any of them , by any person or persons , by Order , or Direction of any Council of State , Committée of Safety , Major Generals , Decimators , or any Officer or other person under them , or any other Military power ; all which Obligations , Bonds and Recognizances are hereby discharged and declared to be null and void , to all intents and purposes .

Provided also , and be it Enacted , That this Act or any thing therein contained , Iustices , Serjeants , &c. Commissioners of Sewers . shall not extend to continue , after the Eighth day of May , in the year of our Lord , One thousand six hundred and sixty , any Iustice or Iustices of one Bench or the other , or Barons of the Exchequer , Serjeants at Law , Commissions of Sewers , Commissions of Bankrupts , or of charitable uses , made or constituted , by or in the Name or Stile of any the late pretended powers or authorities .

Provided alwayes , That it shall and may be lawful to and for every person and persons , Writs of Errour may be brought . who shall find themselves grieved or damnified by any Iudgment , Fine , Recovery , Decrée or Sentence given , made , levied , granted , or pronounced in any of the said Courts , to procéed in due form of Law , either by Writ of Errour , Bill of Review , Appeal , or other lawful remedy , for the Reversing , Annulling or Revoking of the same , in such manner as they might at any time heretofore have done , if the said Courts had béen established by lawful Authority , other then for those Errours and Defects which are remedied or provided for by this Act.

Provided alwayes , And be it further Enacted by the Authority aforesaid , Non-claim upon Fines of lands sold by Ordinance of Parliament . That no Non-claim upon or after any Fine or Fines hereby made good or confirmed , shall extend or be construed to Bar or Prejudice any person or persons , their Heirs or Successors , or their Feoffées or Trustées ( other then the parties to the said Fines and their Heirs general and special , and his and their Trustées ) as concerning such Right , Claim and Interest , as they had in or to any Lands , Tenements , or other Hereditaments , which by colour of any Act , Order or Ordinance of both or either Houses of Parliament , or any Convention sitting at Westminster , under the Name or Stile , or assuming the Name or Stile of a Parliament , since the First day of May , in the year of our Lord , One thousand six hundred forty and two , and before the Five and twentieth day of April , in the year of our Lord , one thousand six hundred and sixty , were Sold , Conveyed , or Disposed , as then , or late the Lands , Tenements , and Hereditaments of the King , Quéen , or Prince , or of Archbishops , Bishops , Deans , Deans and Chapters , or other Ecclesiastical persons , or as the Lands , Tenements , and Hereditaments of any other persons , for their Adherency to the late King , or his Majesty that now is , or for any their Actings relating to , or in respect of the late Troubles ; so alwayes that the said person or persons aforesaid , their Heirs or Successors , pursue their Title , Claim , or Interest , by way of Action , or lawful Entry , within five years next after the Nine and twentieth day of May , in the year of our Lord , one thousand six hundred and sixty .

And although in this Confirmation of Iudicial Procéedings , The late Government declared to be usurped . it was necessary to mention Divers pretensed Acts and Ordinances , by the Names and Stiles which those Persons then Vsurped , who took upon them to pass the same , Namely , some by the Stile and Name of the Kéepers of the Liberty of England by Authority of Parliament ; and others by the Name and Stile of Protectors of the Commonwealth of England , Scotland , and Ireland , and the Dominions and Territories thereunto belonging ; Yet this present Parliament doth Declare , and it is further Enacted by Authority of the same , That the Names and Stiles aforesaid , and every of them , are most Rebellious , Wicked , Trayterous , and Abominable Vsurpations , Detested by this present Parliament , Recognition of his Majesties just title . as Opposite in the Highest Degrée to His Sacred Majesties most Iust and Vndoubted Right , to whom , and to his Heirs and Lawful Successors , the Imperial Crowns of the Realms of England , Scotland , and Ireland , with their , and every of their Dominions and Territories do of Right appertain , and as violating and Infringing the just Rights and priviledges of Parliament , and both Houses thereof now Assembled , or that hereafter shall be called and assembled .

Provided alwayes , and be it enacted , That all and every pretended Indictment or Indictments , Out-lawries , Inquisitions , and all Procéedings thereon of High Treason against any Person or Persons whatsoever , for Levying War against the late Tyrant Oliver Cromwell , the pretended Kéepers of the Liberty of England , or any other Vsurped Power , Indictments of Treasons , &c. for levying wars against Oliver Cromwell , &c. made void . shall be from henceforth void and of none effect in Law . And that all Grants , Conveyances , Leases , Devices , Assurances , Statutes , Recognizances , and Iudgments for Debt , Damages heretofore had , made , or suffered by any person , or his heirs , whose Conviction , Vtlagary , or Attainder is by this Act discharged or made void , shall be of the same force and effect , as if no such Conviction , Outlawry , or Attainder had béen . Stat. 13 Car. 2. cap. 7.

CAP. XIII .

None shall take above Six Pounds for the loan of an Hundred Pounds for a Year .

Abatement of interest advantagious to Trade . FOrasmuch as the Abatement of Interest from Ten in the Hundred in former times , hath béen found by notable experience Beneficial to the Advancement of Trade , and Improvement of Lands by good Husbandry , with many other considerable advantages to this Nation , especially the reducing of it to a nearer Proportion with Forreign States with whom We Traffique . And whereas in fresh memory the like fall from Eight to Six in the Hundred , by a late constant practise hath found the like Success to the general contentment of this Nation , as is visible by several Improvements . And whereas it is the endeavour of some at present to reduce it back again in practice to the allowance of the Statute , still in force , to Eight in the Hundred , to the great discouragement of Ingenuity and Industry in the Husbandry , Trade , and Commerce of this Nation .

The penalty and forfeiture of taking above six in the hundred . Be it for the Reasons aforesaid , Enacted by the Kings most Excellent Majesty , and the Lords and Commons in this present Parliament assembled , That no Person or Persons whatsoever , from and after the Twenty Ninth day of September , in the Year of our Lord , One thousand six hundred and sixty , upon any Contract , shall from and after the said Twenty Ninth of September , take directly or indirectly , for Loan of any Monies , Wares , Merchandise , or other Commodities whatsoever , above the value of Six Pounds for the Forbearance of one Hundred Pounds for a Year , and so after that Rate for a greater or lesser Sum , or for a longer or shorter time . And that all Bonds , Contracts , and Assurances whatsoever made after the time aforesaid , for payment of any Principal or money to be lent or covenanted to be performed upon or for any Vsury , whereupon or whereby there shall be reserved or taken above the Rate of Six pounds in the Hundred , as aforesaid , shall be utterly void . And that all and every person or persons whatsoever , which shall after the time aforesaid , upon any Contract to be made , after the said Twenty Ninth of September , take , accept and receive , by way or means of any corrupt Bargain , Loan , Exchange , Cheivisaunce , Shift , or Interest of any Wares , Merchandise , or other thing or things whatsoever , or by any deceitful way or means , or by any covin , engine , or deceitful conveyance for the forbearing or giving day of payment for one whole year , of and for their money , or other thing , above the sum of six pounds for the forbearing of One hundred pounds for a year , and so after that Rate for a greater or lesser Sum , or for a longer or shorter Term , shall forfeit and lose for every such offence , the treble value of the moneys , wares , merchandise , and other things so Lent , Bargained , Sold , Exchanged , or Shifted .

The Forfeiture of a Scrivener that shall take above five shillings for the forbearance of an hundred pounds for a year , and above twelve pence for making a Bond. And be it further Enacted by the Authority aforesaid , That all and every Scrivener and Scriveners , Broker and Brokers , Solicitor and Solicitors , Driver and Drivers of Bargains for Contracts , who shall after the said Twenty ninth day of September , take or receive , directly or indirectly , any sum or sums of money , or other reward or thing , for Brokage , Soliciting , Driving or Procuring the Loan , or forbearing of any sum or sums of money , over and above the Rate or Value of five shillings for the Loan , or forbearing of one hundred pounds for a year , and so rateably , or above Twelve pence for making or renewing of the Bond or Bill for the Loan , or for forbearing thereof , or for any Counter-Bond or Bill concerning the same , shall forfeit for every such Offence Twenty pounds , and have Imprisonment for half a year : The one moyety of all which Forfeitures to be to the King our Soveraign Lord , his Heirs and Successors ; And the other moyety to him or them that will sue for the same , in the same County where the several Offences are committed , and not elsewhere , by Action of Debt , Bill , Plaint or Information , in which no Essoign , Wager of Law , or Protection to be allowed . Stat. 13 Car. 2. cap. 13.

CAP. XIV .

A Perpetual Anniversary Thanksgiving , on the Nine and twentietth day of May , for His Majesties Happy Restauration .

The wonderful Power and Goodness of God in the Restauration● of his Majesty . FOrasmuch as Almighty God the King of Kings , and sole Disposer of all Earthly Crowns and Kingdoms , hath by his All-swaying Providence and Power miraculously demonstrated in the view of all the World , his Transcendent Mercy , Love and Graciousness , towards His most Excellent Majesty , CHARLES the Second , by his Especial Grace , of England , Scotland , France , and Ireland King , Defender of the true Faith , and all his Majesties Loyal Subjects of this his Kingdom of England , and the Dominions thereunto annexed , by his Majesties late most wonderful , glorious , peaceable and joyful Restauration to the actual possession and exercise of his undoubted hereditary Soveraign and Regal Authority over them ( after sundry years forced extermination into Forreign parts , The unanimous and cordial affection of the Lords and Commons in Parliament , and People in general . by the most Trayterous Conspiracies , and Armed Power of Vsurping Tyrants , and execrable perfidious Traytors ) and that without the least opposition , or effusion of blood , through the unanimous , cordial , Loyal Votes of the Lords and Commons in this present Parliament assembled , and passionate desires of all other his Majesties Subjects ; which unexpressible Blessing ( by Gods own most wonderful Dispensation ) was compleated on the Twenty Ninth day of May last past , being the most memorable Birth-Day , not onely of his Majesty , both as a Man and Prince , but likewise as an Actual King , and of this and other His Majesties Kingdoms , all in a great measure new born and raised from the dead on this most joyful Day , wherein many Thousands of the Nobility , Gentry , Citizens , and other his Lieges of this Realm , conducted his Majesty unto His Royal Cities of London and Westminster , with all possible Expressions of their Ioy and Loyal Affections in far greater Triumph than any of his most Victorious Predecessors Kings of England , returned thither from their Forreign Conquest ; and both his Majesties Houses of Parliament , with all Dutiful and Ioyful Demonstrations of their Allegiance publickly received , and cordially congratulated His Majesties most happy Arrival , and Investiture in his Royal Throne , at his Palace at White-Hall ; Vpon all which considerations , this being the Day which the Lord himself hath made and crowned with so many publick Blessings and signal Deliverances , both of his Majesty and his People , The intent of keeping the said Day . from all their late most deplorable Confusions , Divisions , Wars , Devastations , and Oppressions , to the end that it may be kept in perpetual Remembrance in all Ages to come ; and that his Sacred Majesty will with all his Subjects of this Realm , and the Dominions thereof , and their posterities after them , might annually celebrate the perpetual memory thereof , by sacrificing their unfeigned hearty publick Thanks thereon to Almighty God , with one heart and voice , in a most devout and Christian manner , for all these publick benefits received and conferred on them , upon this most joyful Day . Be it therefore Enacted by the Kings most Excellent Majesty , the Lords and Commons in this present Parliament assembled , and by the Authority of the same , That all and singular Ministers of Gods Word and Sacraments , in every Church , Chappel , and other usual place of Divine Service , and publick Prayer , which now are , or hereafter shall be within this Realm of England , and the respective Dominions thereof , and their Successors shall in all succéeding Ages annually celebrate the Twenty Ninth day of May , The 29th of May to be annually celebrated . by rendring their hearty publick Praises and Thanksgivings unto Almighty God , for all the forementioned Extraordinary Mercies , Blessings , and Deliverances received , and mighty Acts done thereon , and Declare the same to all the people there assembled , and the Generations yet to come , that so they may for ever praise the Lord for the same , whose Name alone is Excellent , and his Glory above the Earth and Heavens . And be it further Enacted , All persons to resort to some Church , Chappel , or publique Place of Thanksgiving the said day . That all and every person and persons inhabiting within this Kingdom , and the Dominions thereunto belonging , shall upon the said day annually resort with diligence and devotion to some usuall Church , Chappel , or Place where such publick Thanksgivings and Praises to Gods most Divine Majesty shall be rendred , and there orderly and devoutly abide during the said publick Thanksgivings , Prayers , Preaching , Singing of Psalmes , and other Service of God there to be used and ministred . And to the end that all persons may be put in mind of their duty thereon , and be the better prepared to discharge the same with that piety and devotion as becomes them ; Be it further Enacted , Notice of this Act to be given the next Lords Day before . That every Minister shall give notice to his Parishioners publickly in the Church at morning Prayer the Lords Day next before every such Twenty Ninth day of May , for the due observation of the said day , And shall then likewise publickly and distinctly read this present Act to the people . St. 13 Car. 2. cap. 11.

CAP. XV.

An Act for the speedy Disbanding of the Army , and Garrisons of this Kingdom , with Instructions for the same . EXP.

CAP. XVI .

Souldiers of the Army Disbanded , may Exercise Trades .

WHereas there are divers Officers and Souldiers now in the Kings Majesties Service , Souldiers instrumental in His Majesties Restauration . under the Command of his Excellency George Duke of Albemarle , Captain General of His Majesties Armies , who have béen Instrumental , by the Blessing of Almighty God , to the Happy Restitution and Restoration of his Sacred Majesty unto His Kingdomes and People , and to His Iust Right of Government in the Kingdom of England , and the Dominions and Territories thereunto belonging ; some of which are men that used Trades , others that were Apprentices to Trades , who had not served out their Times ; and others who are Apt and Fit for Trades , many of which , the Wars being now ended , would willingly Imploy themselves in those Trades they were formerly accustomed unto , or which they are apt and able to follow and make use of for the getting of their Living by their Labour and Industry ; but are , or may be hindred from exercising those Trades in certain Cities , Corporations , and other places within this Kingdom , because of certain by-Lawes and Customs of those places , and of a Statute made in the Fifth year of the late Quéen Elizabeth , Prohibiting the use of certain Trades by any person that hath not served as an Apprentice to such Trade by the space of seven years ; Such as were in Service under General Monk 25. April , 1660. and instrumental in his Majesties restitution may exercise Trades . For remedy whereof , And to the end that those persons who were in Actual Service under the Command of the said Captain General on the Five and twentieth day of April , in the year of our Lord , One thousand six hundred and sixty , and were Instrumental to the Happy Restitution of the Kings Majestie unto his Iust Right of Government , as aforesaid , may not be deprived of a Means of Livelyhood ; May it please your Majesty , that it may be Enacted , and be it Enacted by the Kings most Excellent Majesty , and the Lords and Commons in this present Parliament assembled , and by the Authority thereof , That all such Officers and Souldiers , who were under the Command of the said Captain General on the Five and twentieth day of April , Such as have deserted the Service , or refuse the Oath of Allegiance , excepted . in the said year of our Lord , One thousand six hundred and sixty , and have not since deserted the Service , or refused to take the several Oaths of Supremacy and Allegiance unto the Kings Majesty that now is , his Heirs and Successors , and that have heretofore used or exercised any Trade , though they did not serve out the time of their Apprentiship ; or any other person imployed as aforesaid under the Command of the said Captain General at the time aforesaid , that is apt and able to practise any Trade , may set up and exercise such several and respective Trades , Mysteries or occupations , whereunto he or they have béen bound Apprentice , and served any Part of his or their time , or any Handicraft or other Trade exercised about Manufactures , though he was never bound Apprentice to the same , Apprentices to enjoy all Immunities as it they had served their Time . in manner following ; ( that is to say ) Such of them as have béen Apprentices , as aforesaid , may set up and exercise such several and respective Trades whereunto he or they have béen so bound Apprentices , as fully as if they had served out their respective terms , or times for which they have béen bound ; and shall have and enjoy the same Immunities as they should have had and enjoyed , if they had served out their said terms or times . And all others of the said Officers and Souldiers , may set up and exercise such Trades as they are apt and able for , in the several Towns and Places within the several and respective Counties wherein they were born , without any suit , let , or molestation of any person or persons whatsoever , for or by reason of the using of such Trade . And if any such Officer or Officers , Souldier or Souldiers , shall be sued , impleaded , or indicted in any Court whatsoever , within this Kingdom , for using or exercising any such Trades as aforesaid ; then the said Officer or Officers , Souldier or Souldiers , making it appear to the same Court where they are so sued , impleaded or indicted , that they have served the Kings Majesty under the Command of the said Captain General , as aforesaid ; and they they have severally taken the said Oaths of Supremacy and Allegiance , The general Issue pleaded upon this Act. and have not since deserted the said Service , shall upon the General Issue pleaded , be found Not guilty in any Plaint , Bill , Information , or Indictment , exhibited against them ; and such persons , who , notwithstanding this Act , shall prosecute their said Suit by Bill , Plaint , Information , or Indictment , and shall have a Verdict pass against them , or become Nonsuit therein , or discontinue their said Suit , such person or persons shall pay unto such Officer or Officers , Souldier or Souldiers , double costs of Suit to be recovered as any other Costs at Common Law may be recovered ; And all Iudges and Iurors , before whom any such Suit , Information , or Indictment shall be brought , and all other persons whatsoever , are to take notice of this present Act , and shall conform themselves thereunto ; any Statute , Law , Ordinance , Custom , or Provision to the contrary in any wise notwithstanding .

How an Officer or Souldier may prove his being in Service within this Act. Provided , That no Officer or Souldier shall have the benefit of this Act , that shall not prove his Service as aforesaid , either by a Certificate under the Hand and Seal of some Field Officer , and two Commission-Officers of the Regiment wherein he served , or some General-Officer of the Army , certifying his knowledg of the Service aforesaid ; and the said Certificate to be proved by one Witness at least , to be a true Certificate ; or for default of such Certificate , by the Oaths of two credible Persons at least .

Penalty upon false Certificates . Provided also , That if any person or persons pretending themselves to have béen Officers or Souldiers within the qualifications aforesaid , shall produce a false Certificate to the intent to have the benefit of this Act , and thereof be convicted by Confession , or due proof of Law , shall suffer Imprisonment not excéeding six months , and to lose the benefit of this Act , Any thing therein contained to the contrary in any wise notwithstanding .

Souldiers , Tradesmen , to submit to all Offices and Orders in Corporations and Companies of their Manufacture . Provided also , and be it Enacted , That the said Officers and Souldiers in this Act mentioned , and all other persons exercising , or that shall exercise any Trade or Profession in any City or Corporation , shall be liable to bear all Offices in the said respective Cities and Corporations , when by the said Cities and Corporations they shall be elected thereunto , and shall submit to such Orders of Corporations and Companies for search of the well and true making of their Manufacture , as others frée of the said Companies or Corporations are subject unto ; any Law , Usage , or Custom to the contrary in any wise notwithstanding .

CAP. XVII .

Ministers confirmed , and restored to their Benefices .

CAP. XVIII .

Shipping and Navigation Encouraged .

FOr the increase of Shipping , and encouragement of the Navigation of this Nation , wherein , under the good Providence and Protection of God , the Wealth , Safety , and Strength of this Kingdom is so much concerned , Be it Enacted by the Kings most Excellent Majesty , & by the Lords and Commons in this present Parliament Assembled , No goods shall be imported from Asia , Africa , or America , but in English Ships . and the Authority thereof , That from and after the First day of December , One thousand six hundred and sixty , and from thenceforward , no Goods or Commodities whatsoever shall be Imported into , or Exported out of any Lands , Islands , Plantations , or Territories to His Majesty belonging , or in his possession , or which may hereafter belong unto , or be in the possession of His Majesty , his Heirs and Successors , in Asia , Africa , or America , in any other Ship or Ships , Vessel or Vessels whatsoever , but in such Ships or Vessels as do truly and without fraud belong only to the People of England or Ireland , Dominion of Wales , or Town of Berwick upon Tweed , or are of the built of , and belonging to any the said Lands , Islands , Plantations , or Territories , as the Proprietors and Right Owners thereof , and whereof the Master and thrée fourths of the Mariners at least are English , Penalty . under the penalty of the Forfeiture and Loss of all the Goods and Commodities which shall be Imported into , or Exported out of any the aforesaid places in any other Ship or Vessel , as also of the Ship or Vessel , with all its Guns , Furniture , Tackle , Ammunition and Apparel ; one Third part thereof to his Majestie , his Heirs and Successors ; one Third part to the Governour of such Land , Plantation , Island , or Territory , where such default shall be committed , in case the said Ship or Goods be there seized , or otherwise that third part also to his Majesty , his Heirs and Successors ; and the other third part to him or them who shall Seize , Inform , or Sue for the same in any Court of Record , by Bill , Information , Plaint , or other Action , wherein no Essoin , Protection , or Wager of Law shall be allowed ; And all Admirals , and other Commanders at Sea of any the Ships of War , or other Ship , having Commission from his Majesty , or from his Heirs or Successors , are hereby Authorized and strictly required to seize and bring in as prize all such Ships or Vessels as shall have offended contrary hereunto , and deliver them to the Court of Admiralty , there to be procéeded against ; and in case of condemnation , one Moyety of such Forfeitures shall be to the use of such Admirals or Commanders and their Companies , to be divided and proportioned amongst them according to the Rules and Orders of the Sea in case of Ships taken prize ; and the other Moyety to the use of his Majesty , his Heirs and Successors .

And be it Enacted , Aliens shall not exercise the occupation of Merchants or Factors . That no Alien or person not born within the Allegiance of our Soveraign Lord the King , his Heirs and Successors , or Naturalized , or made a frée Denizen , shall from and after the First day of February , which shall be in the year of our Lord , One thousand six hundred sixty one , exercise the Trade or Occupation of a Merchant or Factor in any the said places , upon pain of the Forfeiture and Loss of all his Goods and Chattels , or which are in his possession , one third to his Majesty , his Heirs and Successors ; one third to the Governour of the Plantation where such person shall so offend ; and the other third to him or them that shall inform or sue for the same in any of his Majesties Courts in the Plantation where such offence shall be committed : And all Governours of the said Lands , Islands , Plantations or Territories , and every of them , are hereby strictly required and commanded , and all who hereafter shall be made Governours of any such Islands , Plantations or Territories , by his Maiesty , his Heirs or Sucéessors , shall before their entrance into their Government take a Solemn Oath to do their utmost , that every the aforementioned clauses , and all the matters and things therein contained , Governors , &c. of Plantations to take an Oath for the observance of the aforementioned clauses . shall be punctually and bona fide observed , according to the true intent and meaning thereof : And upon complaint and proof made before His Majesty , his Heirs or Successors , or such as shall be by Him or them thereunto authorized and appointed , that any the said Governours have béen willingly and wittingly negligent in doing their Duty accordingly , that the said Governour so offending shall be removed from his Government .

And it is further Enacted by the Authority aforesaid , That no Goods or Commodities whatsoever of the growth , production , or manufacture of Africa , Asia , or America , or of any part thereof , or which are described or laid down in the usual Maps or Cards of those places , be imported into England , Ireland , or Wales , Islands of Guernsey and Jersey , or Town of Berwick upon Tweed , in any other Ship or Ships , Vessel or Vessels whatsoever , but in such as do truly and without fraud belong only to the people of England or Ireland , Dominion of Wales , or Town of Berwick upon Tweed , or of the Lands , Islands , Plantations or Territories in Asia , Africa , or America , to His Majesty belonging , as the proprietors and right owners thereof , and whereof the Master and thrée Fourths at least of the Mariners are English , under the penalty of the Forfeiture of all such Goods and Commodities , and of the Ship or Vessel in which they were Imported , with all her Guns , Tackle , Furniture , Ammunition , and apparel ; one Moyety to his Majesty , his Heirs and Successors ; and the other moyety to him or them who shall seize , inform , or sue for the same in any Court of Record , by Bill , Information , Plaint , or other Action , wherein no Essoin , Protection , or Wager in Law shall be allowed .

And it is further Enacted by the Authority aforesaid , No Goods of forreign groweth or manufacture , shall be brought into England , &c. in English Ships , but onely from the places of their said growth , &c. That no Goods or Commodities that are of forreign Growth , Production , or Manufacture , and which are to be brought into England , Ireland , Wales , the Islands of Guernsey and Jersey , or Town of Berwick upon Tweed , in English-built shipping , or other shipping belonging to some of the aforesaid places , and Navigated by English Mariners as abovesaid , shall be shipped or brought from any other Place or Places , Countrey or Countreys , but onely from those of the said Growth , Production , or Manufacture , or from those Ports where the said Goods and Commodities can onely , or are , or usually have béen first shipped for transportation , and from none other Places or Countreys , under the penalty of the Forfeiture of all such of the aforesaid Goods , as shall be Imported from any other Place or Country , contrary to the true intent and meaning hereof , as also of the Ship in which they were Imported , with all her Guns , Furniture , Ammunition , Tackle and Apparel , one Moyety to his Majesty , his Heirs and Successors ; and the other moyety to him or them that shall seize , inform , or sue for the same in any Court of Record , to be recovered as is before exprest .

All ling , stockfish , &c. oyl , &c. Whale ●ins , &c. imported not caught in vessels by the proprietors themselves , &c. shall pay double Aliens custom . And it is further Enacted by the authority aforesaid , That any sort of Ling , Stockfish , Pilchard , or any other kind of dryed or salted fish , usually fished for and caught by the People of England , Ireland , Wales , Town of Barwick upon Tweed , or any sort of Codfish or Herring , or any Oyl or Blubber made or that shall be made of any kind of fish whatsoever , or any Whale-fins or Whale-bones , which shall be imported into England , Ireland , Wales , or Town of Berwick upon Tweed , not having béen caught in Vessels truly & properly belonging thereunto as Proprietors and right Owners thereof , and the said Fish cured , saved and dryed , and the Oyl and Blubber aforesaid ( which shall be accompted and pay as oyl ) not made by the people thereof , and shall be imported into England , Ireland , or Wales , or Town of Berwick upon Tweed , shall pay double Aliens custom .

No goods to be ●a●ed or carryed from one part of England to another in the vessel of any Alien not denizend , &c. And be it further Enacted by the authority aforesaid , That from henceforth it shall not be lawfull to any person or persons whatsoever , to Load or cause to be Loaden & carried in any Bottom or Bottoms , Ship or Ships , Vessel or Vessels whatsoever , whereof any Stranger or Strangers born ( unless such as be Denizens or Naturalized ) be Owners , Part-owners , or Master , and whereof thrée fourths of the Mariners at least shall not be English , any Fish , Victual , Wares , Goods , Commodities , or things of what kind or Nature soever the same shall be , from one Port or Créek of England , Ireland , Wales , Islands of Guernsey or Jersey , or Town of Berwick upon Tweed , to another Port or Créek of the same , The penalty . or of any of them , under penalty for every one that shall offend contrary to the true meaning of this branch of this present Act , to forfeit all such goods as shall be loaden and carried in any such Ship or Vessel , together with the Ship or Vessel , and all her Guns , Ammunition , Tackle , Furniture and Apparel , one Moyety to his Majesty , his Heirs and Successors , and the other Moyety to him or them that shall Inform , Ease and abatement in the book of rates to extend only where three parts of the Marriners be English . Seize , or Sue for the same in any Court of Record , to be recovered in manner aforesaid .

And it is further Enacted by the authority aforesaid , That where any Ease , Abatement , or Priviledge is given in the Book of Rates to goods or Commodities Imported or Exported in English built Shipping , that is to say , shipping built in England , Ireland , Wales , Islands of Guernsey or Jersey , or town of Berwick upon Tweed , or in any the Lands , Islands , Dominions and Territories to His Majesty in Africa , Asia , or America , belonging or in his possession , That it is alwayes to be understood , and Provided that the Master and thrée fourths of the Mariners of the said Ships , at least , be also English , And that where it is required that the Master and thrée fourths of the Mariners be English , that the true intent and meaning thereof is , that they should be such during the whole voyage , unless in case of sickness , Death , or being taken Prisoners in the Voyage , to be proved by the Oath of the Master or other chief Officer of such ships .

Goods of the growth or manufacture of Muscovy or Russia . And it is further Enacted by the Authority aforesaid , That no Goods or Commodities of the Growth , production or Manufacture of Muscovy or of any the Countries , Dominions or Territories to the great Duke or Emperor of Muscovy or Russia , belonging , As also that no sort of Masts , Timber or Boards , no foreign Salt , pitch , Tar , Rozin , Hemp or Flax , Raisins , Figs , Prunes , Olive Oyls , no sorts of Corn or Grain , Sugar , Pot-ashes , Wines , Vinegar , or Spirits called Aquavite or Brandy Wine , shall from and after the First day of April , which shall be in the year of our Lord One thousand six hundred sixty one , be imported into England , Ireland , Wales , or Town of Berwick upon Tweed , in any Ship or Ships , Vessel or Vessels whatsoever , but in such as do truly and without fraud belong to the people thereof , or of some of them as the true Owners and proprietors thereof , and whereof the Master and Thrée Fourths of the Mariners at least are English , Othoman or Turkish Emperor . and that no Currants nor Commodities of the growth , production , or Manufacture of any the Countries , Islands , Dominions or Territories to the Othoman or Turkish Empire belonging , shall from and after the first day of September which shall be in the year of our Lord One thousand six hundred sixty one , be imported into any the forementioned places in any Ship or Vessel , but which is of English built , and Navigated as aforesaid , and in no other ; Except only such forrain ships and vessels as are of the built of that Country or place of which the said Goods are the growth , production or Manufacture respectively , or of such port where the said Goods can only be , or most usually are first shipped for transportation , and whereof the Master and Thrée Fourths of the Mariners at least are of the said Country or place , under the penalty and Forfeiture of ship and Goods to be disposed and recovered as in the foregoing clause .

Frauds in concealing Aliens goods how to be prevented . Provided alwayes , and be it hereby Enacted by the Authority aforesaid , That for the prevention of the great frauds daily used in colouring and concealing of Aliens Goods , all Wines of the growth of France or Germany , which from and after the Twentieth day of October , One thousand six hundred and sixty , shall be Imported into any the Ports or places aforesaid , in any other Ship or Vessel then which doth truly and without fraud belong to England , Ireland , Wales , or Town of Berwick upon Tweed , and Navigated with the Mariners thereof , as aforesaid , shall be déemed Aliens goods , and pay all Strangers Customs and Duties to His Majesty , his Heirs and Successors , as also to the Town or Port into which they shall be Imported ; And that all sorts of Masts , Timber or Boards , as also all forraign Salt , Pitch , Tar , Rozin , Hemp , Flax , Raisins , Figs , Prunes , Olive Oyls , all sorts of Corn or Grain , Sugar , Pot-ashes , Spirits , commonly called Brandy Wine or Aqua-vitae , Wines of the growth of Spain , the Islands of the Canaries or Portugal , Madera or Western Islands , and all goods of the growth , Production or Manufacture , of Moscovy or Russia , which from and after the First day of April which shall be in the year of Our Lord one thousand six hundred sixty one , shall be Imported into any of the aforesaid places in any other then such shipping , and so Navigated , and all Currants and Turky Commodities which from and after the first day of September One thousand six hundred sixty one , shall be Imported into any the places aforesaid , in any other then English built shipping , and Navigated as aforesaid shall be déemed Aliens Goods , and pay accordingly to his Majesty , His Heirs and Successors , and to the Town or Port into which they shall be Imported .

And for prevention of all frauds which may be used in colouring or buying of Forein Ships , How to prevent Frauds in colouring and buying Forrein ships . Be it Enacted by the Authority aforesaid , and it is hereby Enacted , That from and after the first day of April , which shall be in the Year of our Lord One thousand six hundred sixty one , no Forein built ship or Vessel whatsoever shall be déemed or pass as a ship to England , Ireland , Wales , or Town of Berwick , or any of them belonging , or enjoy the benefit or Priviledge of such a ship or Vessel , untill such time that he or they claiming the said ship or Vessel to be theirs , shall make appear to the chief Officer or Officers of the customs in the Port next to the place of his or their aboad , that he or they are not Aliens , and shall have taken an Oath before such chief Officer or Officers , who are hereby Authorized to Administer the same , That such Ship or Vessel was bona fide and without fraud by him or them bought for a valuable consideration , expressing the sum , as also the time , place , and persons from whom it was bought , and who are his part Owners ( if he have any ) all which part-owners shall be liable to take the said Oath before the chief Officer or Officers of the Custom-house of the Port next to the place of their aboad , and that no Forreiner directly or indirectly hath any part , interest , or share therein , and that upon such Oath he or they shall receive a Certificate under the Hand and Seal of the said chief Officer or Officers of the Port where such person or persons so making Oath do reside , whereby such Ship or Vessel may for the future pass and be déemed as a Ship belonging to the said Port , and enjoy the priviledge of such a Ship or Vessel ; And the said Officer or Officers shall kéep a Register of all such Certificates as he or they shall so give , and return a Duplicate thereof to the chief Officers of the customs at London for such as shall be granted in England , Wales , and Berwick , and to the Chief Officers of the customs at Dublin for such as shall be given in Ireland , together with the Names of the person or persons from whom such Ship was bought , and the sum of Money which was paid for her , as also the Names of all such persons who are part-owners of her , if any such be .

And be it further Enacted by the Authority aforesaid , Officers of the custom not to allow any priviledge to any forrein built ship untill certificate or proof , &c. That if any Officer of the Customs shall from and after the said First day of April , allow the priviledge of being a Ship or Vessel to England , Ireland , Wales , or Town of Berwick , or any of them belonging , to any Forreign built Ship , or Vessel , untill such Certificate be before them produced , or such Proof and oath taken before them ; or if any Officer of the Customs shall allow the priviledge of an English built ship , or other Ship to any the aforesaid places belonging , to any English or Forrien built Ship coming into any Port , and making entry of any Goods , untill Examination whether the Master and thrée Fourths of the Mariners be English , or shal allow to any Forreign built ship , bringing in the Commodities of the Growth of the Country where it was built , the priviledge by this Act , to such Ship given , untill Examination and Proof whether it be a ship of the built of that Country , and that the Master and thrée Fourths of the Mariners are of that Country ; or if any Person who is or shall be made Governor of any Lands , Islands , Plantations , or Territories in Africa , Asia , or America , by his Majesty , His Heirs or Successors , shall suffer any Forrein built Ship or Vessel to load or unload any Goods or Commodities within the Precincts of their Goverments , untill such Certificate be produced before them or such as shall be by them appointed to view the same , and Examination whether the Master and thrée Fourths of the Mariners at least be English , that for the first offence such Officer of the Customs , and Governors , shall be put out of their places , Offices or Governments .

Provided alwayes , That this Act or any thing therein contained , extend not , Proviso for goods of the Streights or Levant . or be meant to restrain and prohibite the Importation of any the Commodities of the Streights , or Levant Seas , loaden in English built shipping , and wherof the Master and thrée fourths of the Mariners at least are English , from the usual Ports or places for lading of them heretofore within the said Streights or Levant Seas , though the said Commodities be not of the very growth of the said places .

Provided also , that this Act , or any thing therein contained , extend not , or be meant to restrain the Importing of any East India Commodities , loaden in English built shipping , and whereof the Master and thrée fourths of the Mariners at least are English , from the usual place or places for lading of them in any part of those Seas , to the South-Ward and Eastward of Cabo bona speranza , although the Ports be not th●●bery Places of their growth .

Provided also , That it shall and may be lawful to and for any of the people of England , Ireland , East India Commodities . Proviso for goods imported from Spain , Portugal , Azores , Madera , or Canary , Islands . Wales , Islands of Guernsey or Jersey , or town of Berwick upon Tweed , in Vessels or Ships to them belonging , and whereof the Master and thrée fourths of the Mariners at least are English , to load and bring in from any of the Ports of Spain or Portugal , or Western Islands , commonly called Azores , or Madera or Canary Islands , , all sorts of Goods or Commodities of the Growth , Production , or Manufacture of the Plantation or Dominions of either of them respectively .

Proviso for Bullion , and goods taken by way of Rep●isal . Provided , That this Act , or any thing therein contained , extend not to Bullion , nor yet to any Goods taken , or that shall be bona fide taken by way of Reprisal by any Ship or Ships belonging to England , Ireland , or Wales , Islands of Guernsey , or Jersey , or Town of Berwick upon Tweed , and whereof the Master and thrée Fourths of the Mariners at feast are English , having Commission from his Majesty , his Heirs or Successors .

Proviso concerning goods of Scotland . Provided alwayes , That this Act , or any thing therein contained , shall not extend , or be construed to extend to lay Aliens Duties upon any Corn of the growth of Scotland , or to any Salt made in Scotland , nor to any Fish caught , saved and cured by the People of Scotland , and Imported directly from Scotland in Scotch built Ships , Goods of Russia . and whereof the Master and thrée Fourths of the Mariners are of His Maiesties Subiects , nor to any Seal Oyl of Russia , Imported from thence into England , Ireland , Wales , or Town of Berwick upon Tweed , in shipping bona fide to some of the said places belonging , and whereof the Master and three Fourths of the Mariners at least are English .

The duty payable upon goods in French ships Provided also , and it is hereby Enacted , That every Ship or Vessel belonging to any the Subjects of the French King , which from and after the Twentieth day of October , in the year of our Lord one thousand six hundred and sixty , shall come into any Port , Creek , Harbor of Road of England , Ireland , Wales , or Town of Berwick upon Tweed , and shall there lade or unlade any Goods or Commodities , or take in or set on Shore any passengers , shall pay to the Collector of His Majesties Customs in such Port , Créek , Harbor or Road , for every Tun of which the said Ship or Vessel is of burthen , How long to continue . to be computed by such Officer of the Customs as shall be thereunto appointed , the sum of five shillings currant money of England : And that no such Ship or Vessel be suffered to depart out of such Port , Créek , Harbor or Road , until the said Duty be fully paid : And that this Duty shall continue to be Collected , Levied , and paid , for such time , as a certain Duty of Fifty Solls per Tun lately imposed by the French King , or any part thereof , shall continue to be Collected upon the shipping of England lading in France , and thrée Moneths after , and no longer .

Sugars , tobacco , &c. of the growth of America , Asia , or Africa . And it is further Enacted by the Authority aforesaid , That from and after the First day of April , which shall be in the year of our Lord One thousand six hundred sixty one , noe Sugars , Tobacco , Cotton-wooll , Indicoes , Ginger , Fustick , or other dying wood , of the growth , Production or Manufacture of any English Plantations in America , Asia , or Africa , shall be shipped , carried , conveyed or transported from any the said English Plantations to any Land , Island , Territory , Dominion , Port , or place whatsoever , other then to such other English Plantations as do belong to His Majesty , His Heirs and Successors , or to the Kingdom of England , or Ireland , or Principality of Wales , or Town of Berwick upon Tweed , there to be laid on shore , under the penalty of the Forfeiture of the said Goods or the full value thereof , as also of the Ship , with all her Guns , Tackle , Apparel , Ammunition and Furniture , The one Moyety to the Kings Majesty , His Heirs and Successors , and the other Moyety to him or them that shall seize , inform , or sue for the same in any Court of Record , by Bill , Plaint or Information , wherein no Essoign , Protection or Wager of Law shall be allowed .

And be it further Enacted by the Authority aforesaid , That for every Ship or Vessel , which from and after the Five and twentieth day of December , Ships of England , Ireland , or Wales , Sailing to any English plantation of America , Asia , or Africa , shall be bound with sureties , to bring goods there loaded into England , &c. in the year of our Lord one thousand six hundred and fifty , shall set sail out of or from England , Ireland , Wales , or Town of Berwick upon Tweed , for any English Plantation in America , Asia , or Africa , sufficient bond shall be given with one surety to the chief Officers of the Custom-house of such Port or place from whence the said Ship shall set sail , to the value of one thousand pounds , if the ship be of less burthen then one hundred Tuns ; and of the sum of two thousand pounds , if the Ship shall be of greater burthen , That in case the said ship or vessel shal load any of the said Commodities at any of the said English plantations , that the same Commodities shall be by the said ship brought to some Port of England , Ireland , Wales , or to the Port or Town of Berwick upon Tweed , and shall there unload and put on shore the same , the danger of the Seas only excepted : And for all ships coming from any other Port or Place to any of the aforesaid plantations , who by this Act are permitted to trade there , that the Governor of such English plantations shall before the said ship or Vessel be permitted to load on board any of the said Commodities , take Bond in manner and to the value aforesaid for each respective Ship or Vessel , That such Ship or Vessel shall carry all the aforesaid Goods that be laden on board in the said ship to some other of His Majesties English Plantations or to England , Ships coming from other places to any of those plantations . Ireland , Wales , or Town of Berwick upon Tweed : And that every ship or Vessel , which shall load or take on board any of the aforesaid Goods , untill such Bond given to the said Governor , or Certificate produced from the Officers of any Custom-house of England , Ireland , Wales , or of the Town of Berwick , that such bonds have béen there ●●ly given , shall be forefeited with all her Guns , Tackle , Apparel and Furniture , to be imployed and recovered in the manner as aforesaid . And the said Governors and every of them shall twice in every year after the First day of January , The respective Governors to return the bonds taken twice yearly to the chief offices of the custom in London . One thousand six hundred and sixty , return true Copies of all such Bonds by him so taken , to the chief Officers of the Customs in London . St. 13. Car. 2. cap. 14.

CAP. XIX .

For preventing Frauds and concealments of Customs , and Subsidies .

BE it Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords and Commons in this present Parliament assembled , That if any person or persons at any time after the first day of September , , One thousand six hundred and sixty , Persons which shall convey away any goods without entry & agreement for the custome shall cause any Goods for which Custom , Subsidy , or other Duties are due , or payable by vertue of the Act passed this Parliament , ( Entituled , A Subsidy Granted to the King of Tunnage and Poundage , and other sums of money , payable upon Merchandize Exported and Imported ) to be landed or conveyed away without due entry thereof first made , and the Customer or Collector , or his Deputy agréed with , That then , and in such case upon Oath thereof made before the Lord Treasurer , or any of the Barons of the Exchequer , or chief Magistrate of the Port or place where the offence shall be committed , or the place next adjoyning thereunto , The penalty . it shall be lawful to and for the Lord Treasurer , or any of the Barons aforesaid , or chief Magistrate of the Port or place where the offence shall be committed , or the place next adjoyning thereunto , to issue out a Warrant to any person or persons , thereby enabling him or them , with the assistance of a Sheriff , Iustice of Peace , or Constable to enter into any house in the day time where such Goods are suspected to be concealed ; and in case of resistance , to break open such houses , and to seize and secure the same goods so concealed : And all Officers and Ministers of Iustice are hereby required to be aiding and assisting thereunto .

Provided alwayes , That no house shall be entred by vertue of this Act ,

No proceeding against any upon this Act unless within one month after the offence committed .

The continuance of this Act.

Damages and costs against false informers

unless it be within the space of one Moneth after the offence supposed to be committed .

Provided also , That this Act shall continue in force unto the end of the first Session of the next Parliament , and no longer .

Provided also , That if the Information whereupon any house shall come to be searched , shall prove to be false , that then , and in such case , the party injured shall recover his full damages and costs against the Informer , by Action of Trespass to be therefore brought against such Informer . St. 13 Car. 2. cap. 7.

CAP. XX.

For raising Sevenscore thousand pounds , for the compleat Disbanding of the whole Army , and paying off some part of the Navy , by a two Moneths Assesment of 70000 l. per mensem beginning from the first of November 1660. EXP. Stat. 13 Car. 2. cap. 6.

CAP. XXI .

An Act for the speedy raising of Seventy thousand pounds for the present supply of His Majesty , EXP. Stat. 13 Car. 2. cap. 6. & cap. 10.

CAP. XXII .

Bay-making in the Dutch Bay-Hall in Colchester regulated .

CAP. XXIII .

Certain Impositions upon Beer , Ale , and other Liquors , For the Encrease of His Majesties Revenue during His Life .

THe Commons assembled in Parliament , in gratitude , for an humble acknowledgment of Your Majesties great Grace and Favour to us Your Commons , beyond Example of any Your Royal Progenitors , expressed in many publick Acts and Declarations , to the great rejoycing and general satisfaction of all Your people , The ra●es given to his Majesty for life . which they desire to answer with returns suitable and excéeding the Examples of any of their Ancestors , for the encreasing of your Maiesties Revenue during Your Maiesties Reign , ( which God long continue ) Do therefore give and grant unto your most Excellent Majesty , the Rates and Duties , Impositions , Charges , and sums of Money herein after following : And do beséech your Majesty that it may be Enacted , And be it Enacted by the Kings most Excellent Maiesty by and with the advice and consent of the Lords and Commons in Parliament Assembled , That from and after the twenty fifth day of December , One thousand six hundred and sixty , there shall be throughout your Maiesties Kingdom of England , Dominion of Wales , and Town of Berwick upon Tweed , raised , levyed , collected , 12 Car. 2. c. 2. ● and paid unto Your Maiesty during Your Life , for Beer , Ale , Sider , and other Liquors herein after mentioned , The several Rates , Impositions , Duties , and Charges herein after expressed , and in manner and form following . That is to say , Beer and Ale above 6 s. the barrel . For every Barrel of Beer or Ale above six shillings the barrel , brewed by the Common Brewer , or any other Person or Persons who doth or shall sell or tap out beer or Ale publickly or privately , to be paid by the common Brewer , or by such other person or persons respectively , and so proportionably for a greater or lesser quantity , One shilling three pence . XV. d. Beer and Ale of ● s. the barrel . For every barrel of Six shillings Beer or Ale , or under , brewed by the common Brewer , or any other person or persons , who doth or shall sell or tap out such Beer or Ale publickly or privately , to be paid by the said common Brewer , or by such other person or persons respectively as aforesaid , and so proportionably for a greater or lesser quantity , three pence . iij. d. Sider , Perry . For all Syder and Perry made and sold by retail , upon every Hogshead to be paid by the Retayler thereof , and so proportionably for a greater or lesser measure , One shilling three pence . XV. d. Metheglin , Mead. For all Metheglin or Mead sold , whether by Retail or otherwise , to be paid by the maker thereof upon every Gallon , One half-penny . Ob. Vinegar-beer . For every Barrel of Beer , commonly called Vinegar-Beer , brewed by any common Brewer , in any common Brew-house , six pence . Vi. d. Strong water . For every Gallon of Strong-water or Aquavitae , made and sold , to be paid by the maker thereof , One penny . i. d. Beer and Ale Imported . For every barrel of Beer or Ale Imported from beyond the Seas , Three Shillings . iij. s. Syder & Perry Imporced . For every Tun of Syder or Perry Imported from beyond the Seas , and so proportionably for a greater or lesser quantity , Five shillings . V. s. Spirits Imported . For every gallon of Spirits made of any kind of Wine or Syder Imported , Two pence . ij . d. Strong-water Imported . For every gallon of Strong-water perfectly made , Imported from beyond the Seas , Four pence . iiij . d. Coffee . For every Gallon of Coffee made and sold , to be paid by the maker , Four pence . iiij . d. Chocolatte . For every gallon of Chocolatte , Sherbet and Tea , made and sold , to be paid by the maker thereof , ●ight pence . Viij . d.

The Excise upon forreign liquors imported , to be paid by the importers in money upon entries made before landing .

Common brewers to accompt weekly , and other retailers of beer , ale , &c. monthly .

And be it further Enacted and Ordained by the Authority aforesaid , That the several Rates , Duties and Charges of Excise , or New Impost above mentioned , hereby set or imposed upon all and every the said Forreign Liquors which shall be Imported or brought into all , or any the Ports of this Kingdom and Dominions thereof , aforesaid , from and after the five and twentieth day of December next , shall be from time to time satisfied and paid by the Merchant or Merchants , Importer or Importers of the same , in ready money , upon his or their Entry or Entries made , and before the landing thereof .

The penalty for not accounting as aforesaid . And be it further Enacted by the Authority aforesaid , That all common Brewers of Béer and Ale , shall once in every Wéek : And all Inn-kéepers , Victuallers , and other Retaylers of Béer , Ale , Syder , Perry , Metheglin , or Strong-water , Brewing , Making , or Retailing the same , shall once in every moneth make true and particular Entries at the Office of Excise , within the limits of which the said Commodities and Manufactures are made , of all Béer , Ale , Perry , Syder , Metheglin , Strong-Water , or other the Liquors aforesaid , which they , or any of them shall Brew , make , or Retail , in that Wéek and Moneth respectively , as aforesaid .

The penalty for not accounting as aforesaid . And be it further Enacted by the Authority aforesaid , That all such common Brewers , who do not once a Wéek make due and particular Entries , shall forfeit five pounds : And that every such Inn-kéeper , who doth not make true and particular Entries once a Moneth , shall forfeit five pounds . And that every Alehouse-kéeper , Victualler , or other Retailer , who doth not once a moneth make due and particular Entries , shall forfeit twenty shillings .

And be it further Enacted by the Authority aforesaid , That every Common Brewer , who shall not pay and clear off within a Wéek after he made his Entry , or ought to have made his Entry , as aforesaid , shall pay double the value of the Duty : And that every Inn-kéeper , Alehouse-kéeper , Victualler , or other Retailer , who shall not pay and clear off within a Moneth after he made his Entry , or ought to have made his Entry , as aforesaid , shall pay double the value of the Duty : The said respective forfeitures to be levyed upon their Goods and Chattels , in such manner and form , as hereafter in this Act is Ordained and directed .

Provided that no such person , as aforesaid , shall be compelled by the Commissioners , or Sub-Commissioners of Excise ,

No person to be compelled by the Commissioners of Excise to go further for making their entries then the next market-Town .

The Commissioners for execution of this act impowred to appoint gagers .

The power of the gagers .

to travel for the making of the said Entries or payment of the said Duties , or other cause whatsoever , touching or concerning the same , if he live in a Market-Town , out of the said Town ; if he live out of a Market-Town , then to no other place then to the next Market-Town to his habitation in the same County , on the Market-day .

And be it further Enacted and Ordained by the Authority aforesaid , That the Commissioners who shall be appointed by his Majesty for putting this Act in execution , and their Sub-Commissioners in their respective Circuits , and Divisions , shall hereby have power to constitute under their Hands and Seals , such , and so many Gagers as they shall find néedful : Which Gagers , and every of them , shall at all times , as well by night as by day , And if by night , then in the presence of a Constable , or other lawful Officer , be permitted upon their request , to enter the house , Brew-house , Distilling-house , and all other houses and places whatsoever , belonging to , or used by any Brewer , Inn-kéeper , Victualler , or other retailer of Béer , Brewing , or making the same as aforesaid , or by any Distiller of Strong-waters , or Retailer of other the Liquors aforesaid , And to Gage all Coppers , Fats and Vessels in the same , And to take an accompt of Béer , Ale , Worts , Perry , Syder , Strong-waters , Aquavite , Metheglin , or other the Liquors aforesaid , in the said Houses , Places , and Vessels , from time to time , Brewed , or Made , and Distilled ; and thereof to make return or report in Writing to the said Commissioners , or Sub-Commissioners of Excise , under whose office and limits , such Brewer , Retailer , Distiller , or Makers of the Liquors aforesaid , doth dwell and inhabit , Returns made by the gagers . leaving a true Copy of such Return in Writing under his hand with such Brewer , Retailer , Distiller , or Makers of the Liquors aforesaid ; And such Reports or Returns of the said Gagers shall be a Charge upon the said Brewers , Makers , and Retailers respectively ; And if any such Common Brewer or Retailer shall refuse to permit any such Gager or Gagers to enter his Brew-house or any other place aforementioned , or to gage or take accompt of his Brewing vessels , or of any such Béer , Ale , Worts , Perry , Syder , Strong-water , Aquavite , Metheglin , or other the Liquours aforesaid , such Brewer , Retailer , or Distiller shall be forthwith forbidden by the said Gager or Gagers , to sell , carry out , or deliver to any of his Customers , any Béer , Ale , Strong-water , Aquavite , or other the Liquors aforesaid ; And if any such Brewer , Retailer , or Distiller of any the liquors aforesaid , after such warning given , shall sell , carry , or deliver out the same , or any part thereof , not having paid and cleared the duty of Excise , such person and persons shall besides the forfeiture of double the value , forfeit and lose the sum of five pounds , as aforesaid , for every offence , to be levied and recovered upon his or their Goods and Chattels in manner and form as hereafter in this Act is provided .

And for the avoiding of all incertainty , and dispute , What shall be reckoned a barrel of beer . touching the returns made or to be made by the Gagers of any béer or ale so brewed as aforesaid ; Be it Enacted and declared by the Authority aforesaid , That every six and thirty gallons of béer taken by the gage according to the Standard of the Ale-quart , four whereof shall make the gallon , remaining in the custody of the Chamberlains of his Majesties Exchequer , shall be reckoned , accompted , and returned by the Gager for a barrel of Béer ; And every two and thirty gallons of ale , The barrel of Ale . taken by the Gage according to the same Standard , shall be in like manner reckoned , accompted and returned for a Barrel of ale ; and all other the Liquors aforesaid , according to the Wine-gallon .

Provided alwayes , and be it Enacted and Ordained by the Authority aforesaid , That no Brewers or Retailers of béer and ale shall take any more in the price thereof , upon sale of the same , then according to the usual rates and prizes , Saving that every common Brewer shall and may take and receive of all and every person and persons to whom he shall sell and deliver any Ale or Béer , the Excise thereupon due , as aforesaid , over and above the usual Rates and Prizes .

And be it Enacted by the Authority aforesaid , That for the better encouragement of all Common Brewers , and makers of Béer or Ale to make due entry and payment thereof , according as by this Act is appointed , the said common Brewer not selling the same by retail , for and in consideration of waste by fillings and leakage of their Béer and Ale , shall have and be allowed out of the said Returns made by the Gagers , the several allowances and abatements hereafter mentioned , Abatements and allowance to be made for waste and leakage . ( that is to say ) upon every thrée and twenty Barrels of Béer , whether strong or small , returned by the said Gagers , thrée Barrels ; And upon every two and twenty Barrels of Ale , whether strong or small , returned by the Gagers , two Barrels ; which said Allowances and Abatements the said Commissioners to be appointed as aforesaid , and their Sub-Commissioners , are hereby authorized to allow and make accordingly .

Provided alwayes , Forfeiture for false entries . That where any common Brewer shall wittingly or willingly make a false entry , and be convicted for the same before the Commissioners to be appointed as aforesaid , or any two of them , or before such other person or persons as are hereafter by this Act appointed , in that case such Brewer or Brewers shall forfeit and lose over and besides the penalties before mentioned , the said allowance so to be made for six moneths then next ensuing .

And be it Enacted and Ordained by the Authority aforesaid , No Ale or bre● to be delivered to the retayler before the rate be paid . That no Béer or Ale shall be delivered in by such Brewer or Maker thereof to any Victualler or other Retailer thereof , untill the rate which by such Victualler or Retayler is to be payed over and above the price of the said Béer or Ale , for or in respect of this Duty , be first payed and satisfied by the said Victualler or Retayler to the Brewer or Maker thereof . Provided alwayes , Beer and ale sold in Fair● . That if any person or persons shall brew and sell by retail any small quantities of béer or ale in any Fair within this Realm , or Dominions aforesaid , who is not otherwise any common or usual Brewer , or Retayler thereof , and shall before any such selling and retailing thereof , well and truly pay and satisfie the duty due for the same to the Commissioners or Sub-Commissioners within whose Limits or Division the said Fair shall be held , or to their Officers thereunto appointed ; Then such person or persons so brewing or retailing the same , and for so much , and no more , nor otherwise , shall be freed and discharged from all penalties and forfeitures in and by this Act before mentioned and imposed ; Any thing therein contained to the contrary notwithstanding .

Provided nevertheless , that it shall and may be lawful to and for the said Commissioners , and Sub-Commissioners respectively , The Commissioners may compound with any In-keeper , Retailer or Victualler . to compound for this Duty with any Inn-kéeper , Victualler , Alehouse-kéeper , or Retailer of Béer , Ale , and other the Liquors aforesaid within their respective Divisions , from time to time , and in such manner and form as may be most for the advantage and improvement of the receipts thereof : Any thing in this Act before contained to the contrary notwithstanding .

Any the rates in this Act may be farmed for three years . And it is further Ordained and Enacted by the Authority aforesaid , That the Lord Treasurer , or Commissioners of the Treasury for the time being , or such other person or persons as His Majesty , shall appoint , shall have power , and are hereby authorised and impowered from time to time to treat , contract , conclude and agrée with any person or persons for or concerning the Farming of all or any the Rates , Duties and Charges in this Act mentioned upon Béer , Ale , Perry , Syder , or other the Liquors aforesaid , in any the respective Counties , Cities or Places of this Realm or Dominions thereof , as may be for the greatest benefit and advantage of the said Receipt , so as the same excéed not the term of Thrée years . And be it further Enacted , That every such Contract , Bargain , and Agréement of the Lord Treasurer , or Commissioners of the Treasury , or other persons aforesaid , on behalf of His Majesty on the one part , and the person or persons farming on the other part , shall be good and effectual in Law , to all intents and purposes .

Provided alwayes , to the end the aforesaid duty may be paid with most ease to the people ; It is hereby further Enacted , Persons contracting that be nominated by the Iustice of the Peace in every County shall have the refusal of any Farm . That the Lord Treasurer , Commissioners of the Treasury , or other persons aforesaid , shall not within six moneths after the Commencement of this Act , treat , conclude , or agrée with any person or persons touching the Farming of this duty upon Béer and Ale in any the respective Counties or Places of this Realm , or Dominions thereof , other then with such person or persons as by the Iustices of Peace of the said Counties or places , or the major part of them , at their publick Quarter Sessions shall be nominated and appointed in that behalf , which person or persons is to have the first refusal of any such Farm respectively , and may take the same ; Any thing in this Act to the contrary thereof in any wise notwithstanding .

Provided , that the said duty shall not be let to any other person or persons , then to the person or persons recommended by the Iustices , under the rate that it shall be tendred to , and refused by such person or persons so recommended .

Forfeitures & offences within this Act where determined . And be it further Enacted and Ordained by the Authority aforesaid , That all forfeitures and offences made , done and committed against this Act , or any clause or article therein contained , shall be heard , adjudged and determined by such person or persons , and in such manner and form as hereafter in and by this Act is directed and appointed ; that is to say , all such forfeitures and offences made and committed within the immediate limits of the chief Office in London , shall be heard , adjudged and determined , by the said chief Commissioners and Governors of Excise ( appointed by His Majesty ) or the major part of them , or by the Commissioners for Appeals , and regulating of this duty , or the major part of them in case of Appeal , and not otherwise . And all such forfeitures and offences made and committed within all , or any other the Counties , Cities , Towns or Places within this Kingdom , or Dominions thereof , shall be heard and determined by any two or more of the Iustices of the Peace residing near to the place where such forfeitures shall be made , or offence committed : And in case of neglect or refusal of such Iustices of the Peace , by the space of 14 dayes next after complaint made , and notice thereof given to the Offender , then the Sub-Commissioners , or the major part of them appointed for any such City , County , Town , or Place , shall , and are hereby impowered to hear and determine the same ; And if the party find himself aggrieved by the Iudgment given by the said Sub-Commissioners , Appeals by parties grieved . he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions , who are hereby impowered and authorised to hear and determine the same , whose Iudgment therein shall be final ; which said Commissioners for Appeals and regulating of this duty , and the chief Commissioners for Excise , and all Iustices of Peace , and Sub-Commissioners aforesaid respectively , are hereby authorised , and strictly enjoyned and required upon any complaint or information exhibited and brought of any such forfeiture made , or offence committed contrary to this Act , to summon the party accused , and upon his appearance , or contempt to procéed to the examination of the matter of Fact , and upon due proof made thereof , either by the voluntary confession of the party , or by the oath of one or more credible witnesses ( which Oath they , or any two or more of them , have hereby power to administer ) to give Iudgment or Sentence , according as in and by this Act is before ordained and directed ; And to award and issue out Warrants under their hands for the levying of such forfeitures , penalties and fines , as by this Act is imposed , for any such offence committed , upon the Goods and Chattels of the Offender , and to cause Sale to be made of the said Goods and Chattels , ( if they shall not be redéemed within fourtéen days ) rendring to the party the overplus ( if any be ) and for want of sufficient Distress , to imprison the party offending till satisfaction be made .

Provided nevertheless , That it shall and may be lawful , Fines and forfeitures may be mitigated . to and for the said respective Iustices of Peace , Commissioners for Excise , or any two of them , or their Sub-Commissioners respectively , from time to time , where they shall sée cause to mitigate , compound or lessen such forfeiture , penalty or fine , as in their discretion they shall think fit ; And that every such mitigation and payment thereupon accordingly made , shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending , so as by such mitigation the same be not made less than double the value of the duty of Excise , which should or ought to have béen paid , besides the reasonable costs and charges of such Officer or Officers , or others , as were imployed therein , to be to them allowed by the said Iustices ; any thing in this Act to the contrary in any wise notwithstanding . And it is hereby further Enacted and Ordained , That all Fines , How the fines and forfeitures shall be imployed . Forfeitures and Penalties mentioned in this Act , all necessary charges for the recovery thereof being first deducted , shall be imployed , thrée fourth parts thereof to and for the use of the Kings Majesty , and the other 4th part to the Discoverer or Informer of the same : And for the better managing , collecting , securing , levying and recovering of all and every the said rates and charges of Excise hereby imposed , and set upon all or any of the Commodities before mentioned , to the end , the same may be paid and disposed of according to the intent of this present Act : Be it further Enacted and Ordained by the authority aforesaid , and it is hereby Enacted , That one principal Head-Office shall be erected and continued in the City of London , or within ten miles thereof , from time to time , as long as his Majesty shall think fit for this duty , unto which all other Offices for the same within England and Wales , and the Town and Port of Berwick , shall be subordinate and accomptable : Which said Office shall be managed by such Officers as shall be appointed by the Kings Majesty as aforesaid , who , or any two of them , Commissioners and Governors for managing the Receipts of Excise , are hereby appointed and constituted Commissioners and Governours for the management of His Majesties Receipt of the Excise , and to sit in some convenient place in the City of London , or within ten miles thereof , from time to time , as long as his Majesty shall think fit .

And be it Enacted by the Authority aforesaid , That no person or persons shall be capable of intermedling with any Office or Imployment relating to the Excise , until he or they shall before two or more Iustices of Peace in the County where his or their imployments shall be , or before one of the Barons of the Exchequer , take the Oaths of Allegiance and Supremacy , which Oaths they have hereby power to Administer , together with this Oath following , Mutatis Mutandis .

The Oath . YOU shall swear to execute the Office of _____ truly and faithfully without Favour or Affection , and shall from time to time true Accompt make , and deliver to such person and persons as His Majesty shall appoint to receive the same , and shall take no Fee or Reward for the Execution of the said Office , from any other person , than from His Maiesty , or those whom His Majesty shall appoint in that behalf .

And be it further Enacted by the Authority aforesaid , Certificates at the next quarter sessions . London , Westminster , Southwark . Officers to be appointed by his Majesty . That every such Iustice of Peace shall certify the taking of such Oath to the next Quarter-Sessions , there to be Recorded ; And it is further Enacted , That all parts of the Cities of London and Westminster , with the Burrough of Southwark , and the several Suburbs thereof , and Parishes within the wéekly Bills of Mortality shal be under the immediate care , inspection and management of the said Head-Office , and such , and so many subordinate Commissioners , and Sub-Commissioners , and other Officers and Ministers for the Execution of the Premisses shall be from time to time nominated and appointed by His Majesty , his Heirs and Successors , in all and every other the Counties , Cities , Towns , and Places within this Kingdom of England , Dominion of Wales , and Port of Berwick , as from time to time his Majesty , his Heirs and Successors shall think fit . And it is hereby further Enacted , That the said Office of Excise in all places where it shall be appointed , The Excise office to be kept open . shall be kept open from eight of the Clock in the morning , till twelve of the Clock at noon ; and from two of the Clock in the Afternoon , till five of the Clock in the Afternoon , for the due execution and performance of all and every the matters and things in this Act appointed and required . The monies collected to be paid into the receipt of the Exchequer . And it is further hereby Enacted , That the said Chief Commissioners of Excise , or the major part of them , shall from time to time issue forth and pay such sum and sums of money , as shall from time to time be received , collected or levyed by vertue of this Act , into his Majesties Receipt of Exchequer .

Provided alwayes , and be it Enacted , Persons sued may plead the general issue . That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act , he or they shall and may plead the general issue , and give this Act in evidence for his defence ; and if upon the Tryal a Verdict shall pass for the Defendant or Defendants , or the Plaintiff or Plaintiffs be Non-suit , then such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs .

Provided also , and be it Enacted , Writs of Certiorari shal not supersede any proceedings . That no Writ or Writs of Certiorari shall supersede Execution or other Procéedings , upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act , but that Execution and other procéedings shall and may be had and made thereupon , any such Writ or Writs , or allowance thereof notwithstanding .

Provided alwayes , and be it further Enacted , That this Act , or any thing therein contained , Proviso for Ed. Backwell . for payment of 2●4 . ●● . shall not be prejudicial to Edward Backwell Alderman of London , as to the sum of twenty eight thousand , four hundred and fifty pounds ( or any part thereof ) by him advanced upon the Credit of several Orders of this present Parliament , and by them charged on the receipt of the Grand Excise : that is to say , the sum of Five thousand pounds payable to his Majesties Surveyor-General for the repair of his Majesties houses , charged by vertue of an Order of the sixth of September , 1660. with Interest for the same ; the sum of ten thousand pounds advanced to her Highness the Princes Royal , being charged with Interest by an Order of the 13th of September , 1660. the sum of ten thousand pounds payable to her Majesty the Quéen of Bohemia , being charged , together with Interest , by an Order of the 13th of September , 1660. the sum of thrée thousand four hundred and fifty pounds payable for Provisions for Dunkirk , by an Order of the 26th of November , 1660. which sum of twenty eight thousand four hundred and fifty pounds , together with Interest for the same , according to the tenor of the said Orders , after the rate of six per Cent. shall be paid to the said Edward Backwell , or his Assigns , out of the Grand Excise , and the Arrears thereof in course , as is by the said Orders appointed ; and in case the same shall fall short in payment by the Twenty fifth of December , One thousand six hundred and sixty , that then the remainder shall continue secured to him out of the whole Excise in course as aforesaid , and that no other payments be made out of the Excise , but what is appointed by this present Parliament in course to precede the same , untill the said debt due to the said Edward Backwell , be satisfied ; and that in case any part of the monies due to Alderman Backwell , be paid out of that part of the Excise which shall grow due to the Kings Majesty ; that then his Majesty shall be reimbursed the same out of the first monies that shall come in of the Arrears of Excise that will be due the said twenty fifth of December . Stat 13 Car. 2. cap. 7.

CAP. XXIV .

The Court of Wards and Liveries , and Tenures in Capite , and by Knights-Service , and Purveyance , taken away , and a Revenue setled upon His Majesty in Lieu thereof .

VVHereas it hath béen found by former experience , That the Court of Wards and Liveries , and Tenures by Knights-service , either of the King or others , or by Knights-service in Capite , or Soccage in Capite of the King , and the consequents upon the same have béen much more burthensome , The reasons of this Act. grievous and prejudicial to the Kingdom , then they have béen beneficial to the King : and whereas since the intermission of the said Court , which hath béen from the Four and twentieth day of February , which was in the year of our Lord One thousand six hundred forty and five , many Persons have by Will and otherwise made disposal of their Lands held by Knights-service , whereupon divers Questions might possibly arise , unless some seasonable remedy be taken to prevent the same ; Be it therefore Enacted by the King our Soveraign Lord , with the assent of the Lords and Commons in Parliament assembled , and by the Authority of the same , and it is hereby Enacted , The Court of Wards and Liveries , Primer-Seisin , &c. taken away . That the Court of Wards and Liveries , and all Wardships , Liveries , Primer-Seisins , and Ouster-le-mains , Values and forfeitures of Marriages , by reason of any Tenure of the Kings Majesty , or of any other by Knights-service , and all mean Rates , and all other Gifts , Grants , Charges incident or arising , for , or by reason of Wardships , Liveries , Primer-Seisins , or Ouster-le-mains , be taken away and discharged , and are hereby Enacted to be taken away and discharged , from the said twenty fourth day of February , One thousand six hundred forty five , any Law , Statute , Custom , or Vsage , to the contrary hereof in any wise notwithstanding ; Fines for alienations , &c. taken away . 1 Car. 1. cap. 3. And that all Fines for Alienations , Seizures , and Pardons for Alienations , Tenure by Homage and all Charges incident , arising , for or by reason of Wardship , Livery , Primer-Seisin , or Ouster-le-main , or Tenure by Knights-service , Escuage , and also Aide pur file marrier , & pur faier fits Chivalier , and all other Charges incident thereunto , be likewise taken away and discharged , from the said Twenty fourth day of February , One thousand six hundred forty and five , any Law , Tenures by Knights service , taken away . Statute , Custom , or Vsage to the contrary hereof in any wise notwithstanding : And that all Tenures by Knights-Service of the King , or of any other person , and by Knights-Service in Capite , and by Soccage in Capite of the King , and the Fruits and consequents thereof , happened , or which shall or may hereafter happen or arise thereupon , or thereby , be taken away and discharged , Any Law , Statute , Custome or usage to the contrary hereof in any wise notwithstanding . And all Tenures of any Honors , Manors , Lands , Tenements , or Hereditaments , or any Estate of Inheritance at the Common-Law , held either of the King , or of any other person or persons , Bodies Politick , or Corporate , are hereby Enacted to be turned into frée and common Soccage , to all intents and purposes , from the said Twenty fourth day of February , One thousand six hundred forty five , and shall be so construed , adjudged and déemed to be from the said Twenty fourth day of February , One thousand six hundred forty five , and for ever thereafter turned into frée and common Soccage , Any Law , Statute , Custome , or usage to the contrary hereof , in any wise notwithstanding .

Tenures by domage , escuage , &c. discharged . And that the same shall for ever hereafter stand and be discharged of all Tenure by Homage , Escuage , Voyages-Royal , and charges for the same , Wardships incident to Tenure by Knights-Service , and values and forfeitures of marriage , and all other charges incident to tenure by Knights-service , And of and from Aide pur file marrier , and Aide pur faier fitz Chivalier , any Law , Statute , Vsage , or Custom to the contrary in any wise notwithstanding . And that all Conveyances and Devises of any Mannors , Lands , Tenements , and Hereditaments , made since the said 24th of February , shall be expounded to be of such effect , as if the same Mannors , Lands , Tenements , and Hereditaments , had béen then held and continued to be holden in frée and common Soccage only , any Law , Statute , Custome , or usage to the contrary hereof in any wise notwithstanding .

And be it further ordained and enacted by the authority of this present Parliament , The Acts of 32 H. 8. cap. 6. & 33 H 8. cap. 22. repealed . That one act made in the reign of King Henry the 8th . Entituled , An Act for the establishment of the Court of the Kings Wards ; And also one Act of Parliament made in the 33. year of the reign of the said King Henry the 8th . concerning the Officers of the Court of Wards and Liveries , and every Clause , Article and Matter in the said Acts contained , shall from henceforth be repealed , and utterly void .

And be it further Enacted by the authority aforesaid , All tenures to be created by the King hereafter shall be free and common soccage . That all tenures hereafter to be created by the Kings Majesty , his Heirs or Successors , upon any gifts or grants of any Mannors , Lands , Tenements , or Hereditaments , of any Estate of Inheritance at the common law , shall be in frée and common soccage , and shall be adjudged to be in free and common soccage only , and not by Knights Service , or in Capite , and shall be discharged of all Wardship , value and forfeiture of marriage , Livery , Primer-Seizin , Ouster le main , Aide pur faier fits Chivalier , and pur file marrier , any Law , Statute , or reservation to the contrary thereof in any wise notwithstanding .

Provided nevertheless , and be it Enacted , That this Act , or any thing therein contained , Proviso for rents certain , herriots , &c. shall not take away , nor be construed to take away any Rents certain , Herriots , or Suits of Court , belonging or incident to any former Tenure now taken away or altered by vertue of this Act , or other Services incident or belonging to Tenure in common Soccage due , or to grow due to the King Majesty , or mean Lords , or other private person , Fines for Alienations due by particular customs of Mannors . or the fealty and distresses incident thereunto ; And that such relief shall be paid in respect of such Rents as is paid in case of the death of a Tenant in common Soccage .

Provided always , and be it enacted , That any thing herein contained shall not take away nor be construed to take away any Fines for Alienation due by particular customs of particular Mannors & places , other then fines for alienations of lands or Tenem . holden immediately of the K. in Capite .

Provided also , and be it further Enacted , That this Act , or any thing therein contained , Tenures in Frank Almoigne . Copy of court Roll. shall not take away , or be construed to take away Tenures in Frank Almoigne , or to subiect them to any greater or other services then now are ; nor to alter or change any Tenure by Copy of Court Roll , or any services incident thereunto , nor to take away the honorary services of Grand Serjeanty , other then of Wardship , Marriage , and value of Forfeiture of Marriage , Escuage , Voyages Royal , and other charges incident to Tenure by Knights Service ; Honorary services . and other then Aide pur faier fitz Chivalier , and Aide pur file marrier .

And be it further Enacted by the authority aforesaid , That where any person hath , or shall have , Parents may dispose of the custody of children during their m●nority . and Child or Children under the age of 21 years , and not married at the time of his death . That it shall and may be lawful to and for the Father of such child or children , whether born at the time of the decease of the Father , or at that time in ventre sa mere ; or whether such Father be within the age of 21 years , or of full age , by his Deed executed in his life time , or by his last Will and Testament in writing , in the presence of two or more credible witnesses , in such manner , and from time to time as he shall respectively think fit to dispose of the custody and tuition of such child or children , for , and during such time as he or they shall respectively remain under the age of 21 years , or any lesser time , to any person or persons in possession or remainder , other then Popish Recusants : And that such disposition of the custody of such child or children made since the 24th . of February , Actions of ravishment of wards . 1645. or hereafter to be made , shall be good and effectual against all and every person or persons claiming the custody or tuition of such child or children as Guardian in soccage or otherwise : And that such person or persons to whom the custody of such child or children hath béen , or shall be so disposed or devised as aforesaid , shall and may maintain an action of Ravishment of Ward , or Trespass , against any person or persons which shall wrongfully take away or detain such child or children , for the recovery of such child or children , and shall and may recover damages for the same in the said Action , for the use and benefit of such child or children .

And be it further Enacted , The sands of children , and the management of their personal estate by their guardians . That such Person or Persons to whom the custody of such Child or Children hath béen , or shall be , so disposed or devised , shall and may take into his or their custody to the use of such Child or Children , the profits of all Lands , Tenements , and Hereditaments of such Child or Children ; and also the custody , tuition and management of the Goods , Chattels , and personal Estate of such Child or Children , till their respective Age of 21 years , or any lesser time according to such disposition aforesaid ; and may bring such Action or Actions in relation thereunto , as by Law a Guardian in common soccage might do ; Provided also , That this Act , or any thing therein contained , shall not extend to alter or preiudice the custom of the City of London , nor of any other City or Town Corporate , or of the Town of Berwick on Tweed concerning Orphants ; nor to discharge any Apprentice from his Apprenticeship .

Provided also , That neither this Act , nor any thing therein contained , Proviso touching Titles of honour feodal . shall infringe or hurt any Title of Honour , Feodal , or other , by which any person hath , or may have right to sit in the Lords House of Parliament , as to his or their Title of Honour , or sitting in Parliament , and the priviledge belonging to them as Péers ; This Act , or any thing therein contained to the contrary in any wise notwithstanding .

And whereas by like experience it hath béen found , Purveyances and provisions for the Kings house-hold taken away . Alt. St. 13 Car. 2. cap. 7. that though divers good strict and wholesome Laws have béen made in the times of sundry his Majesties most noble Progenitors , some extending so far as to life , for Redress of the grievances and oppressions committed by the persons imployed for making provisions for the Kings houshold , Carriages and other purveyance for his Majesty , and his occasions ; Yet divers oppressions have béen still continued , and several Counties have submitted themselves to sundry Rates and Taxes , and Compositions , to redéem themselves from such vexations and oppressions : And forasmuch as the Lords and Commons assembled in Parliament do find that the said Remedies are not fully effectual , and that no other remedy will be so effectual and just , as to take away the occasion thereof , especially if satisfaction and recompence shall be therefore made to his Maiesty , his Heirs and Successors , which is hereby provided to his Majesties good liking and content ; His Majesty is graciously pleased , That it may be Enacted , And be it Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords and Commons in this present Parliament assembled , That from henceforth no sum or sums of Money , or other thing shall be taken , raised , tared , rated , imposed , paid , or levied , for or in regard of any provision , Carriages , or purveyance for his Majesty , His Heirs or Successors .

Purveyances for the King , Queen , &c. And that henceforth no person or persons by any Warrant , Commission , or Authority under the Great Seal , or otherwise , by colour of buying or making provision or purveyance for his Majesty , or any Quéen of England for the time being , or of any the Children of any King or Quéen of England for the time being , Timber . Carts . Carriages , &c. taken away . or that shall be , or for his , their , or any of their Houshold , shall take any Timber , Fewel , Cattel , Corn , Grain , Mault , Hay , Straw , Victual , Cart , Carriage , or other thing whatsoever of any the Subjects of His Majesty , His Heirs or Successors , without the free and full consent of the Owner or Owners thereof , had and obtained without menace or enforcement ; nor shall summon , warn , take , use , or require any the said Subjects to furnish or find any Horses , Oxen , or other Cattel , Carts , Ploughs , Wains , or other Carriages , for the use of His Majesty , His Heirs or Successors , or of any Quéen of England , or of any Child or Children of any the Kings or Quéens of England for the time being , for the carrying the Goods of His Majesty , His Heirs or Successors , or the said Quéens , or Children , or any of them , without such full and frée consent as aforesaid , any Law , Statute , Custom , or Vsage , to the contrary notwithstanding .

No pre-emption to be allowed or claimed in behalf of the King , &c. And be it further Enacted , That no pre-emption shall be allowed or claimed in the behalf of His Majesty , or of any His Heirs or Successors , or of any the Quéens of England , or of any the Children of the Royal Family for the time being , in Market or out of Market ; but that it be for ever hereafter frée to all and every of the Subjects of His Majesty , to sell , dispose , or employ his said Goods to any other person or persons as himself listeth , any pretence of making provision or purveyance of Victual , Carriages , or other thing for his Majesty , His Heirs or Successors , or of the said Quéens , or Children , or any pretence of pre-emption in their , or any of their behalfs notwithstanding . And if any person or persons shall make provision or purveyance for His Majesty , His Heirs or Successors , The Penalty . or any the Quéens , or Children aforesaid , or impress or take any such Carriages , or other things aforesaid , on any pretence or colour of any Warrant aforesaid , under the Great Seal , or otherwise , contrary to the intent hereof ; it shall be be lawful for the Iustices of Peace , or such two or one of them as dwell near , and to the Constables of such parish or Village where such occasion shall happen , at the request of the party grieved : And they are hereby enioyned to commit , or cause to be committed the party or parties so doing and offending to Gaol till the next Sessions , there to be indicted and procéeded against for the same ; and that the Officers and Inhabitants of the Village or Parish where such offence shall happen , shall be assistant therein ; and moreover , the party grieved shall have his Action or Actions against such offender or offenders , and therein recover his treble damages and treble costs : In which Action , no Essoin , Wager of Law , Aid-prayer , Priviledge , Protection , Imparlance , Iniunction , or Order of Restraint , No action upon this Statute to be stayed , but by Order of the Court where such action depends . shall be granted or allowed : And if any person or persons shall ( after notice given , that the Action depending is grounded upon this Statute ) cause or procure any Action at the common Law , grounded on this Statute , to be delayed or stayed before Iudgment , by colour or means of any Order , Power , Warrant , or Authority , save onely of the Court where such Action shall be brought and depending , or after Iudgment had upon such Action , shall cause or procure Execution of such Iudgment to be stayed or delayed by colour or means of any Order , Warrant , Power , or Authority , save only by Writ of Errour , or Attaint , or Order of such Court where such Writof Errour or Attaint shall be depending , That then the person so offending shall incur the pains , penalties , Premunire . and forfeitures ordained and provided by the Statute of Provision and Premunire , made in the sixtéenth year of the Reign of King Richard the second ; Provided alwayes , That this Act extend not to prejudice any of His Majesties Rights , Titles , or Duties of , in , or to , or out of any Tinne in the Stannaries of Devon and Cornwall , Proviso for the Stannaries . Butserage , Prisage . nor to prejudice the ancient Duties of Butlerage and Prizage of Wines ; but that the same shall be in the same plight that the same were , before the making of this Act , any thing herein contained to the contrary in any wise notwithstanding : Recompence to his Majesty for the Court of Wards and Purveyances . And now to the intent and purpose that His Majesty , His Heirs and Successors , may receive a full and ample Recompence and Satisfaction , as well for the profits of the said Court of Wards , and the Tenures , Wardships , Liveries , Primer-Seizins , Ousterlemaines , and other the Premisses and Perquisites incident thereunto ; and for all Arrears any way due for the same , as also for all and all manner of Purveyance and Provisions herein before mentioned , and intended to be taken away and abolished ; and all sums of money due , or pretended to be due , or payable for , and in respect of any compositions for the same :

12 Car. 2. cap. 23. Rates of the Excise . Be it therefore Enacted by the Authority aforesaid , That there shall be paid unto the Kings Majesty , His Heirs and Successors for ever hereafter , in recompence as aforesaid , the several Rates Impositions , Duties and Charges herein after expressed , and in manner and form following ( that is to say )

For every Barrel of Beer or Ale above six shillings the barrel , brewed by the Common Brewer , or any other Person or Persons who doth or shall sell or tap out beer or Ale publickly or privately , to be paid by the common Brewer , or by such other person or persons respectively , and so proportionably for a greater or lesser quantity , One shilling three pence . XV. d. For every barrel of Six shillings Beer or Ale , or under , brewed by the common Brewer , or any other person or persons , who doth or shall sell or tap out such Beer or Ale publickly or privately , to be paid by the said common Brewer , or by such other person or persons respectively as aforesaid , and so proportionably for a greater or lesser quantity , three pence . iij. d. For all Syder and Perry made and sold by retail , upon every Hogshead to be paid by the Retayler thereof , and so proportionably for a greater or lesser measure , One shilling three pence . XV. d. For all Metheglin or Mead sold , whether by Retail or otherwise , to be paid by the maker thereof upon every Gallon , One half-penny . Ob. For every Barrel of Beer , commonly called Vinegar-Beer , brewed by any common Brewer , in any common Brew-house , six pence . Vi. d. For every Gallon of Strong-water or Aquavitae , made and sold , to be paid by the maker thereof , One penny . i. d. For every barrel of Beer or Ale Imported from beyond the Seas , Three Shillings . iij. s. For every Tun of Syder or Perry Imported from beyond the Seas , and so proportionably for a greater or lesser quantity , Five shillings . V. s. For every gallon of Spirits made of any kind of Wine or Syder Imported , Two pence . ij . d. For every gallon of Strong-water perfectly made , Imported from beyond the Seas , Four pence . iiij . d. For every Gallon of Coffee made and sold , to be paid by the maker , Four pence . iiij . d. For every gallon of Chocolatte , Sherbet and Tea , made and sold , to be paid by the maker thereof , Eight pence . Viij . d.

And be it further Enacted and Ordained by the Authority aforesaid , That the several Rates , Rates of Excise upon forreign Liquors imported , to be paid in money before landing . Duties and Charges of Excise , or New Impost above mentioned , hereby set or imposed upon all and every the said Forreign Liquors which shall be Imported or brought into all , or any the Ports of this Kingdom and Dominions thereof , aforesaid , from and after the five and twentieth day of December next , shall be from time to time satisfied and paid by the Merchant or Merchants , Importer or Importers of the same , in ready money , upon his or their Entry or Entries made , and before the landing thereof .

And be it further Enacted by the Authority aforesaid , Entries to be made at the Office of Excise by Common Brewers , Inn-keepers , &c. That all common Brewers of Béer and Ale , shall once in every Wéek : And all Inn-kéepers , Alehouse-kéepers , Victuallers , and other Retaylers of Béer , Ale , Syder , Perry , Metheglin , or Strong-water , Brewing , Making , or Retailing the same , shall once in every moneth make true and particular Entries at the Office of Excise , within the limits of which the said Commodities and Manufactures are made , of all Béer , Ale , Perry , Syder , Metheglin , Strong-Water , or other the Liquors aforesaid , which they , or any of them shall Brew , make , or Retail , in that Wéek and Moneth respectively , as aforesaid .

And be it further Enacted by the Authority aforesaid , That all such common Brewers , The penalty for not making Entries . who do not once a Wéek make due and particular Entries , shall forfeit ten pounds : And that every such Inn-kéeper , who doth not make true and particular Entries once a Moneth , shall forfeit five pounds . And that every Alehouse-kéeper , Victualler , or other Retailer , who doth not once a moneth make due and particular Entries , shall forfeit twenty shillings .

And be it further Enacted by the Authority aforesaid , That every Common Brewer , The penalty for not paying . who shall not pay and clear off within a Wéek after he made his Entry , or ought to have made his Entry , as aforesaid , shall pay double the value of the Duty : And that every Inn-kéeper , Alehouse-kéeper , Victualler , or other Retailer , who shall not pay and clear off within a Moneth after he made his Entry , or ought to have made his Entry , as aforesaid , shall pay double the value of the Duty : The said respective forfeitures to be levyed upon their Goods and Chattels , in such manner and form , as hereafter in this Act is Ordained and directed .

Provided that no such person , as aforesaid , shall be compelled by the Commissioners , or Sub-Commissioners of Excise , In what places Entries shall be made to travel for the making of the said Entries , or payment of the said Duties , or other cause whatsoever , touching or concerning the same , if he live in a Market Town , out of the said Town ; if he live out of a Market Town , then to no other place , then to the next Market Town to his habitation in the same County on the Market day .

The powers of the Commiss oners to appoint Gagers .

The powers of the Gagers .

And be it further Enacted and Ordained by the Authority aforesaid , That the Commissioners who shall be appointed by his Majesty for putting this Act in execution , and their Sub-Commissioners in their respective circuits and divisions , shall hereby have power to constitute under their Hands and Seals such and so many Gagers as they shall find néedful : Which Gagers , and every of them , shall at all times , as well by Night as by Day , And if by Night , then in the presence of a Constable , or other lawful Officer , be permitted upon their request to enter the House , Brew-house , Distilling-house , and all other Houses and Places whatsoever belonging to , or used by any Brewer , Inn-kéeper , Victualler , or other Retailer of Béer , Brewing or Making the same as aforesaid , or by any Distiller of Strong-Waters , or Retailer of other the Liquors aforesaid , And to Gage all Coppers , Fats and Vessels in the same , and to take an accompt of Béer , Ale , Worts , Perry , Strong-Waters , Aquavite , Metheglin , or other the Liquors aforesaid , in the said Houses , Places , and Vessels , from time to time Brewed , or Made , and Distilled ; and thereof to make Return or Report in Writing to the said Commissioners , or Sub-Commissioners of Excise , under whose Office and Limits such Brewer , Retailer , Distiller , or Maker of the Liquors aforesaid , doth dwell and inhabit , leaving a true Copy of such Return in writing under his hand with such Brewer , Retailer , Distiller or Makers of the Liquors aforesaid ; And such Reports or Returns of the said Gagers shall be a charge upon the said Brewers , Makers and Retailers respectively ; And if any such common Brewer , Maker or Retailer , shall refuse to permit any such Gager or Gagers to enter his Brew-house , or any other places aforementioned , or to gage or take accompt of his Brewing-Vessels , or any such Béer , Ale , Worts , Perry , Syder , Strong-Water , Aquavite , Metheglin , or other the Liquors aforesaid , such Brewer , Retailer or Distiller , shall be forthwith forbidden by the said Gager or Gagers to sell , carry out , or deliver to any of his Customers any Béer , Ale , Strong-Water , Aquavite , or other the Liquors aforesaid ; And if any such Brewer , Penalty for selling , &c. not having cleared the Excise . Retailer or Distiller of any the Liquors aforesaid after such warning given , shall sell , carry or deliver out the same , or any part thereof , not having paid and cleared the duty of Excise , such person and persons shall besides the forfeiture of double the value , forfeit and lose the sum of Ten pounds as aforesaid for every offence , to be levyed and recovered upon his or their Goods and Chattels , in manner and form as hereafter in this Act is provided .

Proportions to be observed in returns of Gagers . And for the avoiding of all Incertainty , and dispute , touching the returns made or to be made by the Gagers of any Béer or Ale so Brewed as aforesaid ; Be it enacted and declared by the Authority aforesaid , That every six and thirty Gallons of Béer taken by the Gage according to the Standard of the Ale-quart , four whereof shall make the Gallon , remaining in the custody of the Chamberlains of his Majesties Exchequer , shall be reckoned , accompted , and returned by the Gager for a Barrel of Béer ; And every two and thirty Gallons of Ale , taken by the Gage according to the same Standard , shall be in like manner reckoned , accompted , and returned for a Barrel of Ale ; And all other the Liquors aforesaid according to the Wine-gallon .

Brewers and Retailers to observe the usual rates and prizes . Provided alwayes , and be it Enacted and Ordained by the Authority aforesaid , That no Brewers or Retailers of Béer and Ale shall take any more in the price thereof , upon Sale of the same , then according to the usual Rates and Prices , saving that every common Brewer shall and may take and receive of all and every person and persons to whom he shall sell and deliver any Béer or Ale , the Excise thereupon due as aforesaid , over and above the usual Rates and Prizes .

Encouragement to Brewers to make true Entries . And be it Enacted by the Authority aforesaid , That for the better encouragement of all common Brewers or Makers of Béer or Ale to make due entry and payment thereof , according as by this Act is appointed , the said common Brewer not selling the same by Retail , for and in consideration of waste by fillings and leakage of their Béer and Ale , shall have and be allowed out of the said Returns made by the Gagers , Allowance for Waste and Leakage . the several allowances and abatements hereafter mentioned , ( that is to say ) upon every thrée and twenty Barrels of Beer , whether strong or small , returned by the said Gagers , thrée Barrels ; And upon every two and twenty Barrels of Ale , whether strong or small , returned by the Gagers two Barrels ; which said allowances and abatements the said Commissioners to be appointed as aforesaid , and their Sub-Commissioners are hereby authorized to allow and make accordingly .

Forfeiture for making false Entr●es . Provided alwayes , That where any common Brewer shall wittingly or willingly make a false Entry , and be convicted for the same before the Commissioners to be appointed as aforesaid , or any two of them , or before such other person or persons as are hereafter by this Act appointed , in that case such Brewer or Brewers shall forfeit and lose over and besides the penalties before mentioned , the said allowance so to be made for six moneths then next ensuing .

No Beer , &c. to be delivered by the Brewer , until the Excise be paid by the Retailer . And be it Enacted and Ordained by the Authority aforesaid , That no Béer or Ale shall be delivered in by such Brewer or Maker thereof to any Victualler , or any Retailer thereof , untill the Rate which by such Victualler or Retailer is to be paid over and above the price of the said Béer or Ale , for or in respect of this duty , be first paid and satisfied by the said Victualler or Retailer to the Brewer or Maker thereof . Provided alwayes , That if any person or persons shall brew and sell by retail any small quantities of béer or ale in any Fair within this Realm , Proviso for Beer and Ale sold in Fairs . or Dominions aforesaid , who is not otherwise any common or usual Brewer , or Retailer thereof , and shall before any such selling and retailing thereof , well and truly pay and satisfie the duty due for the same to the Commissioners or Sub-Commissioners within whose Limits or Division the said Fair shall be held , or to their Officers thereunto appointed ; Then such person or persons so brewing or retailing the same , and for so much , and no more , nor otherwise , shall be freed and discharged from all penalties and forfeitures in and by this Act before mentioned and imposed ; Any thing therein contained to the contrary notwithstanding .

Provided nevertheless , that it shall and may be lawful to and for the said Commissioners , The Commissioners may compound for the Excise in their Divisions . and Sub-Commissioners respectively , to compound for this Duty with any Inn-kéeper , Victualler , Alehouse-kéeper , or Retailer of Béer , Ale , and other the Liquors aforesaid within their respective Divisions , from time to time , and in such manner and form as may be most for the advantage and improvement of the receipts thereof : Any thing in this Act before contained to the contrary notwithstanding .

And it is further Ordained and Enacted by the Authority aforesaid , That the Lord Treasurer , The power of the Lord Treasurer , &c. to contract for farming any the rates or duties in this Act. or Commissioners of the Treasury for the time being , or such other person or persons as His Majesty , His Heirs and Successors , shall appoint , shall have power , and are hereby authorised and impowered from time to time to treat , contract , conclude and agrée with any person or persons for or concerning the Farming of all or any the Rates , Duties and Charges in this Act mentioned upon Béer , Ale , Perry , Syder . or other the Liquors aforesaid , in any the respective Counties , Cities or Places of this Realm or Dominions thereof , as may be for the greatest benefit and advantage of the said Receipt , so as the same excéed not the term of Thrée years . And be it further Enacted , That every such Contract , Bargain , and Agréement of the Lord Treasurer , or Commissioners of the Treasury , or other persons aforesaid , on behalf of His Majesty on the one part , and the person or persons farming on the other part , shall be good and effectual in Law , to all intents and purposes .

Provided alwayes , to the end the aforesaid duty may be paid with most ease to the people ; Persons to be approved by the Iustices of the Peace , &c. within six moneths , to have the refusal of contracting for the Excise in these respective Counties . It is hereby further Enacted , That the Lord Treasurer , Commissioners of the Treasury , or other persons aforesaid , shall not within six moneths after the Commencement of this Act , treat , conclude , or agrée with any person or persons touching the Farming of this duty upon Béer and Ale in any the respective Counties or Places of this Realm , or Dominions thereof , other then with such person or persons as by the Iustices of Peace of the said Counties or places , or the major part of them , at their publick Quarter Sessions shall be nominated and appointed in that behalf , which person or persons is to have the first refusal of any such Farm respectively , and may take the same ; Any thing in this Act to the contrary thereof in any wise notwithstanding .

Provided , that the said duty shall not be let to any person or persons , then to the person or persons recommended by the Iustices , under the rate that it shall be tendred to , and refused by such person or persons so recommended .

And be it further Enacted and Ordained by the Authority aforesaid , Forfeiture and offences within this Act how to be determined . That all forfeitures and offences made , done and committed against this Act , or any clause or article therein contained , shall be heard , adjudged and determined by such person or persons , and in such manner and form as hereafter in and by this Act is directed and appointed ; that is to say , all such forfeitures and offences made and committed within the immediate limits of the chief Office in London , shall be heard , London . adjudged and determined , by the said chief Commissioners and Governors of Excise ( appointed by His Majesty ) or the major part of them , or by the Commissioners for Appeals , and regulating of this duty , or the major part of them in case of Appeal , and not otherwise . Counties , Cities , &c. within this Kingdom . And all such forfeitures and offences made and committed within all , or any other the Counties , Cities , Towns or Places within this Kingdom , or Dominions thereof , shall be heard and determined by any two or more of the Iustices of the Peace residing near to the place where such forfeitures shall be made , or offence committed : Neglects of the Iustices . And in case of neglect or refusal of such Iustices of the Peace , by the space of fourtéen dayes next after complaint made , and notice thereof given to the Offender , then the Sub-Commissioners , or the major part appointed for any such City , County , Town , or Place , shall , and are hereby impowered to hear and determine the same ; And if the party find himself aggrieved by the Iudgment given by the said Sub-Commissioners , he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions , who are hereby impowered and authorised to hear and determine the same , whose Iudgment therein shall be final ; which said Commissioners for Appeals and regulating of this duty , and the chief Commissioners for Excise , and all Iustices of Peace , and Sub-Commissioners aforesaid respectively , are hereby authorised , and strictly enjoyned and required upon any complaint or information exhibited and brought of any such forfeiture made , or offence committed contrary to this Act , to summon the party accused , and upon his appearance , or contempt to procéed to the examination of the matter of Fact , and upon due proof made thereof , either by the voluntary confession of the party , or by the oath of one or more credible witnesses ( which Oath they , or any two or more of them , have hereby power to administer ) to give Iudgment or Sentence , Levying the forfeitures . according as in and by this Act is before ordained and directed ; And to award and issue out Warrants under their hands for the levying of such forfeitures , penalties and fines , as by this Act is imposed , for any such offence committed , upon the Goods and Chattels of the Offender , and to cause Sale to be made of the said Goods and Chattels , ( if they shall not be redéemed within fourtéen days ) rendring to the party the overplus ( if any be ) and for want of sufficient Distress , to imprison the party offending till satisfaction be made .

Power to mitigate the forfeitures . Provided nevertheless , That it shall and may be lawful , to and for the said respective Iustices of Peace , Commissioners for Excise , or any two of them , or their Sub-Commissioners respectively , from time to time , where they shall sée cause to mitigate , compound or lessen such forfeiture , penalty or fine , as in their discretion they shall think fit ; And that every such mitigation and payment thereupon accordingly made , shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending , so as by such mitigation the same be not made less than double the value of the duty of Excise , which should or ought to have béen paid , besides the reasonable costs and charges of such Officer or Officers , or others , as were imployed therein , to be to them allowed by the said Iustices ; any thing in this Act to the contrary in any wise notwithstanding . How the forfeitures shall be imployed . And it is hereby further Enacted and Ordained , That all Fines , Forfeitures and Penalties mentioned in this Act , all necessary charges for the recovery thereof being first deducted , shall be imployed thrée fourth parts thereof to and for the use of the Kings Majesty , and one fourth part to the Discoverer or Informer of the same : And for the better managing , collecting , securing , levying and recovering of all and every the said rates and charges of Excise hereby imposed , and set upon all or any of the Commodities before mentioned , One principal Office of Excise erected in London . to the end , the same may be paid and disposed of according to the intent of this present Act : Be it further Enacted and Ordained by the authority aforesaid , and it is hereby Enacted , That one principal Head-Office shall be erected and continued in the City of London , or within ten miles thereof , from time to time , as long as his Majesty shall think fit for this duty , unto which all other Offices for the same within England and Wales , and the Town and Port of Berwick , shall be subordinate and accomptable : Which said Office shall be managed by such Officers as shall be appointed by the Kings Majesty as aforesaid , who , or any two of them , are hereby appointed and constituted Commissioners and Governours for the management of His Majesties Receipt of the Excise , and to sit in some convenient place in the City of London , or within ten miles thereof , from time to time , as long as his Majesty shall think fit .

London , Westminster , &c. to be under the management of the chief Office . And be it further Enacted by the Authority aforesaid , That every such Iustice of Peace shall certify the taking of such Oath to the next Quarter-Sessions , there to be Recorded ; And it is further Enacted , That all parts of the Cities of London and Westminster , with the Burrough of Southwark , and the several Suburbs thereof , and Parishes within the wéekly Bills of Mortality , shal be under the immediate care , inspection and management of the said Head-Office , and such , and so many subordinate Commissioners , All Commissioners , &c. to be nominated by his Maiesty . and Sub-Commissioners , and other Officers and Ministers for the Execution of the Premisses shall be from time to time nominated and appointed by His Maiesty , his Heirs and Successors , in all and every other the Counties , Cities , Towns , and Places within this Kingdom of England , Dominion of Wales , and Port of Berwick , as from time to time his Majesty , his Heirs and Successors shall think fit . And it is hereby further Enacted , That the said Office of Excise in all places where it shall be appointed , shall be kept open from eight of the Clock in the morning , Times in which the Office shall be kept open . till twelve of the Clock at noon ; and from two of the Clock in the Afternoon , till five of the Clock in the Afternoon , for the due execution and performance of all and every the matters and things in this Act appointed and required . And it is further hereby Enacted , That the said Chief Commissioners of Excise , or the major part of them , shall from time to time issue forth and pay such sum and sums of money , as shall from time to time be received , collected or levyed by vertue of this Act , into his Majesties Receipt of Exchequer .

The general ●●●ue pleadable in any action upon this Statute . Provided alwayes , and be it Enacted , That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act , he or they shall and may plead the general issue , and give this Act in evidence for his defence ; and if upon the Tryal a Verdict shall pass for the Defendant or Defendants , or the Plaintiff or Plaintiffs be Non-suit , then such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs .

Writs of Certiorari no supersedeas , Provided also , and be it Enacted , That no Writ or Writs of Certiorari shall supersede Execution or other Procéedings , upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act , but that Execution and other procéedings shall and may be had and made thereupon , any such Writ or Writs , or allowance thereof notwithstanding .

Proviso as to the Act of General pardon . Provided , That this Act , or any thing therein contained , shall not extend , or be construed to extend in any matter to weaken or invalidate one Act of this present Parliament , Entituled , An Act of Free and General Pardon , Indempnity , and Oblivion , but that every Clause , Article , Matter , and thing therein mentioned and comprised , shall notwithstanding this Act , or any matter or thing therein , remain good and valid , and be of the same force , vertue and effect , as if this Act had never béen made .

Provided alwayes , and be it further Enacted , That this Act , or any thing therein contained , Proviso concerning Ed. Backwell . shall not be prejudicial to Edward Backwell Alderman of London , as to the sum of twenty eight thousand , four hundred and fifty pounds ( or any part thereof ) by him advanced upon the Credit of several Orders of this present Parliament , and by them charged on the receipt of the Grand Excise that is to say , the sum of Five thousand pounds payable to his Majesties Surveyor-General for the repair of his Majesties houses , charged by vertue of an Order of the sixth of September , 1660. with Interest for the same ; the sum of ten thousand pounds advanced to her Highness the Princes Royal , being charged with Interest by an Order of the 13th of September , 1660. the sum of ten thousand pounds payable to her Majesty the Quéen of Bohemia , being charged , together with Interest , by an Order of the 13th of September , 1660. the sum of thrée thousand four hundred and fifty pounds payable for Provisions for Dunkirk , by Order of the 26th of November , 1660. which sum of twenty eight thousand four hundred and fifty pounds , together with Interest for the same , according to the tenor of the said Orders , after the rate of six per Cent. shall be paid to the said Edward Backwell , or his Assigns , out of the Grand Excise , and the Arrears thereof in course , as is by the said Orders appointed ; and in case the same shall fall short in payment by the Twenty fifth of December , One thousand six hundred and sixty , that then the remainder shall continue secured to him out of the whole Excise in course as aforesaid , and that no other payments be made out of the Excise , but what is appointed by this present Parliament in course to precede the same , untill the said debt due to the said Edward Backwell , be satisfied ; and that in case any part of the monies due to Alderman Backwell , be paid out of that part of the Excise which shall grow due to the Kings Majesty ; that then his Majesty shall be reimbursed the same out of the first monies that shall come in of the Arrears of Excise that will be due the said twenty fifth of December . Stat. 13 Car. 2. cap. 7.

CAP. XXV .

The Selling of Wines by Retail , and for preventing Abuses in the Mingling , and Corrupting of Wines , and for setting the Prices thereof .

FOR the better Ordering of Selling of Wines by Retail in Taverns , and other places , and for the preventing of Abuses therein , Be it Enacted by the Kings most Excellent Majesty , by and with the consent of the Lords and Commons in Parliament Assembled , and by the Authority of the same , That no person or persons whatsoever , from and after the Five and twentieth day of March , one thousand six hundred sixty one , unless he or they be authorized and enabled in manner and form as in this present Act is prescribed and appointed , shall sell or utter by retail , that is , by the Pint , Quart , Pottle or Gallon , or by any other greater or lesser retail measure , any kind of Wine or Wines to be drunk or spent within his or their Mansion-houses , or houses , or such other place in his or their tenure or occupation , or without such Mansion-house or houses , or such other place in his or their tenure or occupation , by any colour , craft or mean whatsoever , The penalty of unlawful uttering wine by retail . upon pain to forfeit for every such offence the sum of five pounds ; the one moyety of every such penalty to be to our Soveraign Lord the King , the other moyety to him or them that will sue for the same , by Action of Debt , Bill , Plaint , or Information , in any of the Kings Courts of Record , in which Action or Suit , no Essoign , Wager of Law or Protection shall be allowed .

And be it further Enacted by the Authority aforesaid , That it shall and may be lawful , to and for his Majesty , his Heirs and Successors , from time to time , His Majesty may issue out Commissions to license the uttering wine . to issue out under His or their Great Seal of England , one or more Commission or Commissions directed to two or more persons , thereby Authorizing them to License , and give Authority to such person or persons as they shall think fit , to sell and utter by retail , all and every , or any kind of Wine or Wines whatsoever , to be drunk and spent , as well within the house or houses , or other place in the tenure or occupation of the party so Licensed , as without , in any City , Town or other place within the Kingdom of England , Dominion of Wales , and Town and Port of Berwick upon Tweed ; and such persons as from time to time , or at any time hereafter shall be by such Commission or Commissions as aforesaid in that behalf appointed , shall have power and authority , and hereby have power and authority to treat and contract for License , authority and dispensations to be given and granted to any person or persons for the selling and uttering of Wines by retail in any City , Town or other place as aforesaid , according to the rules and directions of this present Act , and the true intent and meaning thereof , and not otherwise , any Law , Statute , Vsage , or Custome to the contrary in any wise notwithstanding .

And be it further Enacted by the authority aforesaid ,

His Majesties Agents for granting wine Licenses may grant Licenses not exceeding 21 years , if the person so long live .

Rent reserved , but no ●ine to be taken .

That such persons as shall be Commissioned and appointed by his Majesty , his Heirs or Successors , as aforesaid , shall be , and be called His Majesties Agents for granting Licenses for the selling and uttering of Wine by retail ; And his Majesties said Agents are hereby authorized and enabled under their Seal of Office , the same to be appointed by his Majesty , to grant Licence for the selling and uttering of Wines by retail to any person or persons , and for any time or term not excéeding 21 years , if such person and persons shall so long live ; and for such yearly rent as they can or shall agrée , and think fit , so as no Fine be taken for the same ; But that the rent and sums of money agréed upon and reserved , be paid and answered half yearly by equal portions during the whole Term.

Licenses only to such as personally use the Trade . And be it further Enacted by the Authority aforesaid , That such Licence shall not be given or granted , but to such who shall personally use the Trade of selling or uttering of Wines by retail , or to the Landlord and owner of the house where the person using such Trade shall sell and utter Wine by retail ;

Wine Licenses not assignable .

The King may appoint Officers as he shall think fit .

nor shall the same be assignable , nor in any wise beneficial or extensive to indemnify any person against the penalties of this present Act , except the first taker .

And be it further Enacted by the Authority aforesaid , That it shall and may be lawful , to and for his Majesty , His Heirs and Successors , to constitute and appoint such , and so many other Officers and Ministers , as a Receiver , Register , Clerk , Controller , Messenger , or the like , for the better carrying on of this service , Not exceeding six pence in the pound for their salaries . The Revenue to be paid into the Exchequer and not to be charged with any gift or Pension . as He and they shall think fit , so as the Salaries and Wages of all such Officers to be appointed , together with the Salary or wages of his Majesties said Agents , do not excéed six pence in the pound of the Revenue that shall hence arise .

And be it further Enacted by the Authority aforesaid , That the Rents , Revenues , and sums of Money hence arising , except what shall be allowed for the Wages and Salaries of such Officers and Ministers , which is not to excéed six pence out of every pound thereof , shall be duly and constantly paid and answered into his Majesties Receipt of Exchequer , and shall not be particularly charged or chargable , either before it be paid into the Exchequer , or after , with any gift or Pension . And his Majesties said Agents are hereby enjoyned and required to return into the Court of Exchequer , The Agents to return into the Exchequer in Michaelmas & Easter Terms , what Licenses they have granted . every Michaelmas and Easter Terms , upon their Oaths ( which Oaths the Barons of the Exchequer , or any one of them , are hereby authorized to administer ) a Book fairly written , containing a full and true account of what Licences have béen granted the preceding half year , and what Rents and sums of money are thereupon reserved , and have béen paid , or are in arrear , together with the securities of the persons so in arrear , to the end due and spéedy process may be made out according to the course of the Exchequer , for the recovery of the same .

Proviso for the two Vniversities and their priviledges . Provided alwayes , That this Act , nor any thing therein contained , shall not in any wise be prejudicial to the priviledg of the two Vniversities of the Land , or either of them , nor to the Chancellors or Scholars of the same , or their Successors ; but that they may use and enioy such priviledges as heretofore they have lawfully used and enjoyed , any thing herein to the contrary notwithstanding .

Proviso for the Society of the Vintners of London . Provided also , That this Act , or any thing therein contained , shall not extend or be prejudicial to the Master , Wardens , Fréemen and Commonalty of the Mystery of Vintners of the City of London , or to any other City or Town Corporate , but that they may use and enjoy such Liberties and Priviledges as heretofore they have lawfully used and enjoyed , any thing herein contained to the contrary notwithstanding .

Proviso for the Burrough of St. Albans . Provided also , and be it Enacted by the Authority aforesaid , That this Act , or any thing therein contained , shall not in any wise extend to debar or hinder the Mayor and Burgesses of the Burrough of St. Albans in the County of Hertford , or their Successors , from enjoying , using and exercising of all such Liberties , Powers , and Authorities , to them heretofore granted by several Letters Patents under the Great Seal of England , by Queen Elizabeth , and King James of famous memories , for the erecting , appointing , and Licensing of thrée several Wine-Taverns within the Burrough aforesaid , for and towards the maintenance of the Frée-School there ; but that the same Liberties , Powers , and Authorities shall be , and are hereby established and confirmed , and shall remain and continue in and to the said Mayor and Burgesses , and their Successors , to and for the charitable use aforesaid , and according to the tenor of the Letters Patents aforesaid , as though this Act had never béen made , any thing herein contained to the contrary in any wise notwithstanding .

F●es of the Officers . Provided also , That it shall not , nor may be lawfull to or for any Officer or Officers to be appointed by his Majesty for the carrying on of this service , to take , demand , or receive any Fées , Rewards , or sums of money whatsoever , for or in respect of this Service , other then five shillings for a Licence , Four pence for an Acquittance , and six pence for a Bond , under the penalty of ten pounds , one moyety thereof to the Kings Majesty , the other moyety to the person or persons who shall sue for the same , by Action of Debt , Bill , Plaint , or Information , wherein no Wager of Law , Essoign , or Protection shall be allowed , any thing herein , or any other matter or thing to the contrary notwithstanding .

There shall be no mixture of other wines or things . And it is hereby further Enacted by the Authority aforesaid , That no Merchant , Vintner , Wine-Cooper or other person , selling or retailing any Wine , shall mingle or utter any Spanish Wine , mingled with any French Wine , or Rhenish Wine , Syder , Perry , Honey , Sugar , Syrups of Sugar , Molasses , or any other Syrups whatsoever , nor put in any Isinglass , Brimstone , Lime , Raisins , Iuice of Raisins , Water , nor any other Liquor nor Ingredients , nor any Clary , or other herb , nor any sort of flesh whatsoever ; And that no Merchant , Vintner , Wine-Cooper , or other person selling or retailing any Wine , shall mingle or utter any French Wines mingled with any Rhenish Wines or Spanish Wines , Syder , Perry , Stummed Wine , Vitriol , Honey , Sugar , Syrup of Sugar , Molasses , or any Syrups whatsoever , nor put in any Isinglas , Brimstome , Lime , Raisins , Iuice of Raisins , Water , nor any other Liquor or Ingredients , nor any Clary or other herb , nor any sort of flesh whatsoever ; And that no Merchant , Vintner , Wine-Cooper , or other person selling or retailing any wine , shall mingle or utter any Rhenish-Wine mingled with any French Wines , or Spanish Wines , Syder , Perry , Stummed Wine , Vitriol , Honey , Sugar , Syrups of Sugar , Molasses , or any other Syrups whatsoever , nor put in any Isinglass , Brimstone , Lime , Raisins , Iuice of Raisins , Water , nor any other Liquor or Ingredients , nor any Clary or other herb , nor any sort of flesh whatsoever : The penalties or mingling or abusing any Wines . And that all and every person and persons committing any of the offences aforesaid , shall incur the pains and penalties herein , after mentioned ; That is to say , Every Merchant , Wine-Cooper , or other person selling any sort of Wines in gross , mingled or abused as aforesaid , shall forfeit and lose for every such offence , one hundred pounds ; And that every Vintner or other person selling any sorts of Wine by retail , mingled or abused as aforesaid , shall forfeit and lose for every such offence , the sum of Forty pounds ; of which forfeitures , one moyety shall go unto the Kings Maiesty , his Heirs and Successors , the other moyety to the Informer , to be recovered in any Court of Record by Action of Debt , Bill , Plaint , or Information , wherein no Essoign , Protection , or Wager of Law shall be allowed .

Provided alwayes , And be it Enacted , That from and after the first day of September , The Prises of Wines . One thousand six hundred sixty and one , no Canary-Wines , Muskie or Alegant , or other Spanish or swéet Wines , shall be sold or uttered by any person or persons within his Majesties Kingdom of England , Dominion of Wales , and Town of Berwick upon Tweed , by retail , for above Eightéen pence the quart ; And that no Gascoigne or French Wines whatsoever , shall be sold by Retail , above eight pence the quart ; And that no Rhenish Wines whatsoever shall be sold by retail , above Twelve pence the quart ; ( And according to these rates , The Penalties . for a greater and lesser quantity , all and every the said Wines shall and may be sold ) upon pain and penalty that every such person or persons , who shall utter or sell any of the said Wines by retail , that is to say , by Pint , Quart , Pottle , or Gallon , or any other greater or lesser Retail-measure , at any rate excéeding the Rates hereby limited , do , and shall forfeit for every such Pint , Quart , Pottle , Gallon , or other greater or lesser quantity so sold by retail , the sum of Five pounds ; the one moyety of which forfeiture shall be to our Soveraign Lord the King , His Heirs and Successors , and the other moyety to him or them that shall sue for the same , to be recovered in manner and form as aforesaid .

Provided nevertheless , The Lord Chancellor , &c. may set the Prises of Wines yearly , or alter the same . That it shall and may be lawful to and for the Lord Chancellor of England , Lord Treasurer , Lord President of the Kings Councel , Lord Privy Seal , and the two Chief Iustices , or Five , Four , or Thrée of them ; And they are hereby Authorized yearly , and every year betwéen the twentieth of November , and the last day of December , and no other times , to set the Prises of all and every the said Wines to be sold by retail as aforesaid , at higher or lower rates then are herein contained , so that they or any of them cause the Prises by them set to be written , and open Proclamation thereof to be made in the Kings Court of Chancery yearly in the Term time , or else in the City , Burrough , or Towns Corporate where any such Wine shall be sold ; And that all and every the said Wines shall and may be sold by retail at such prises as by them , or any Five , Four , or thrée of them shall be set as aforesaid , from time to time , for the space of one whole year , to commence from the first day of February next after the setting thereof , and no longer , and no greater prises under the pains and penalties aforesaid , to be recovered as aforesaid , and afterwards : And in default of such setting of prises by the said Lord Chancellor of England , Lord Treasurer , Lord President of the Kings Councel , Lord Privy Seal , and the two Chief Iustices , or Five , Four , or Thrée of them , as aforesaid , at the respective Rates and Prises set by this Act , and under the penalties as aforesaid , to be recovered as aforesaid . Stat. 13 Car. 2. cap. 7.

CAP. XXVI .

The levying of the Twelve Moneths Assessment commencing the 24th of June 1659. and the six Moneths Assessment , commencing the Twenty Fifth of December 1659. EXP. Stat. 13 Car. 2. cap. 7.

CAP. XXVII .

Four hundred and twenty thousand pounds , by an Assessment of Threescore and ten Thousand pounds by the Moneth , Granted for Six Moneths , for Disbanding the Remainder of the Army , and paying off the Navy , with Rules and Instructions for the same . EXP. Stat. 13 Car. 2. cap. 7.

CAP. XXVIII .

Further supplying and explaining certain defects in an Act , Intituled , An Act for the provision of money for Disbanding and paying off the Forces of this Kingdom , both by Land and Sea . EXP. Stat. 13 Car. 2. cap. 7.

CAP. XXIX .

Seventy thousand pounds to be raised for the further supply of His Majesty . EXP. Stat. 13 Car. 2. cap. 7.

CAP. XXX .

The Attainder of several persons Guilty of the Horrid Murther of His late Sacred Majesty King Charles the First .

IN all humble manner shew unto Your most Excellent Majesty , Your Majesties most dutiful and loyal Subjectts the Lords and Commons in Parliament Assembled , That the Horrid and Execrable Murther of Your Majesties Royal Father , The horrid murder of King Charles the first how first contrived and plotted . our late most Gracious Soveraign Charles the First , of ever blessed and glorious memory , hath béen committed by a party of wretched men , desperately wicked , and hardned in their Impiety , who having first plotted and contrived the ruine and destruction of this excellent Monarchy , and with it , of the true Reformed Protestant Religion which had béen so long protected by it and flourished under it , found it necessary in order to the carrying on of their pernicious and traiterous designs , to throw down all the Bullwarks and Fences of Law , and to subvert the very being and constitution of Parliament , that so they might at last make their way open for any further attempts upon the Sacred Person of his Maiesty himself ; And that for the more easy effecting thereof , they did first seduce some part of the then Army into a compliance , and then kept the rest in subjection to them , partly for hopes of preferment , and chiefly , for fear of losing their imployments and arrears ; untill by these , and other more odious arts and devices , they had fully strengthened themselves , both in power and faction ; which being done , they did declare against all manner of Treaties with the person of the King , even then while a Treaty by advice of both Houses of Parliament was in being ; Remonstrate against the Houses of Parliament for such procéedings , seize upon his Royal person while the Commissioners were returned to the House of Parliament with his Answer ; and when his Concessions had béen Voted a ground for peace , seize upon the House of Commons , seclude and imprison some Members , force out others , and there being left but a small remnant of their own Creatures ( not a tenth part of the whole ) did séek to shelter themselves by this weak pretence , under the name and Authority of a Parliament , and in that name laboured to prosecute what was yet behind and unfinished of their long intended Treason and Conspiracy ; To this purpose they prepared an Ordinance for erecting a prodigious and unheard of Triennal , which they called An High Court of Justice , for Tryal of his Majesty ; and having easily procured it to pass in their House of Commons , as it then stood moulded , ventured to send it up from thence to the Péers then sitting , who totally rejected it ; whereupon their rage and fury increasing , they presume to pass it alone , as an Act of the Commons , and in the name of the Commons of England ; and having gained the pretence of Law , made by a power of their own making , pursue it with all possible force and cruelty , until at last , upon the thirtieth day of January , one thousand six hundred forty and eight , His Sacred Majesty was brought unto a Scaffold , and there publickly Murthered before the Gates of his own Royal Palace ; And because by this Horrid action the Protestant Religion hath received the greatest wound and reproach , and the people of England the most insupportable shame and infamy that was possible for the enemies of God and the King to bring upon us , whilst the Fanatick Rage of a few Miscreants ( who were as far from being true Protestants , as they were from being true Subjects ) stands imputed by our Adversaries to the whole Nation : We therefore your Majesties said dutiful and Loyal Subjects , the Lords and Commons in Parliament Assembled , do hereby renounce , abominate , and protest against that Impious fact , the execrable Murther , and most unparallel'd Treason committed against the Sacred person and life of our said late Soveraign , Your Maiesties most Royal Father , and all procéedings tending thereunto ; and do beséech Your most Excellent Majesty that it may be declared , That by the undoubted and Fundamental Laws of this Kingdom , neither the Péers of this Realm , nor the Commons , nor both together in Parliament , nor the people collectively or representatively , nor any other persons whatsoever ever had , have , hath , or ought to have , any Coercive power over the persons of the Kings of this Realm ; And for the better vindication of our selves to posterity , and as a lasting Monument of our otherwise inexpressible detestation and abhorrency of this villanous and abominable Fact , We do further beséech Your most Excellent Majesty , that it may be Enacted , And be it hereby Enacted by the Kings most Excellent Majesty , A yearly Anniversary of Humiliation on the ●0th of Ian. for ever . by and with the advice and consent of the Lords and Commons in this present Parliament Assembled , That every thirtieth day of January , unless it falls out to be upon the Lords day , and then the day next following , shall be for ever hereafter set apart to be kept and observed in all the Churches and Chappels of these Your Majesties Kingdoms of England and Ireland , Dominion of Wales , and Town of Berwick upon Tweed , and the Isles of Jersey and Guernsey , and all other Your Majesties Dominions , as an Anniversary day of Fasting and Humiliation , to implore the Mercy of God , that neither the guilt of that Sacred and Innocent Blood , nor those other sins by which God was provoked to deliver up both us and our King into the hands of cruel and unreasonable men , The attainder of the persons actively instrumental in the Murther of his late Majesty . may at any time hereafter be visited upon us or our posterity . And whereas Oliver Cromwel deceased , Henry Ireton deceased , John Bradshaw deceased , and Thomas Pride deceased , John Lisle , William Say , Sir Hardress Waller , Valentine Wauton , Thomas Harrison , Edward Whalley , William Heveningham , Isaac Penington , Henry Martin , John Barkstead , Gilbert Millington , Edmund Ludlow , Sir Michael Livesey , Robert Titchbourn , Owen Row , Robert Lilburn , Adrian Scroop , John Okey , John Hewson , William Goffe , Cornelius Holland , Thomas Challoner , John Carew , John Jones , Miles Corbet , Henry Smith , Gregory Clement , Thomas Wogan , Edmond Harvy , Thomas Scot , William Cawley , John Downs , Nicholas Love , Vincent Potter , Augustine Garland , John Dixwel , George Fleetwood , Simon Meyne , James Temple , Peter Temple , Daniel Blagrave , Thomas Wayte , John Cook , Andrew Broughton , Edward Dendy , William Hewlet , Hugh Peters , Francis Hacker , Daniel Axtel , are notoriously known to have béen wicked and active Instruments in the prosecution and compassing that Trayterous Murther of his late Majesty , for which the said Sir Hardress Waller , Thomas Harrison , William Heveningham , Isaac Penington , Henry Martin , The names of the persons cryed and legally attainted . Gilbert Millington , Robert Titchbourn , Owen Row , Robert Lilbourn , Adrian Scroop , John Carew , John Jones , Henry Smith , Gregory Clement , Edmond Harvy , Thomas Scot , John Downs , Vincent Potter , Augustine Garland , George Fleetwood , Simon Meyne , James Temple , Peter Temple , Thomas Wayte , John Cook , William Hewlet , Hugh Peters , Francis Hacker , and Daniel Axtel , have already received their Tryal at Law , and by Verdict , or their own Confession , have béen convicted , and by Iudgment of Law thereupon had , do now stand duly and legally attainted ; of whom , ten persons , that is to say , Thomas Harrison , Adrian Scroop , John Carew , John Jones , Thomas Scot , The ten persons executed . Gregory Clement , John Cook , Hugh Peters , Francis Hacker , and Daniel Axtel , have most deservedly suffered the pains of death , and béen executed according to Law ; and the said John Lisle , The persons fled . William Say , Valentine Wauton , Edward Whalley , John Barkstead , Edmond Ludlow , Sir Michael Livesey , John Okey , John Hewson , William Goffe , Cornelius Holland , Thomas Challoner , Miles Corbet , William Cawley , Nicholas Love , John Dixwell , Daniel Blagrave , Andrew Broughton , and Edward Dendy , are fled from Iustice , not daring to abide a Legal Tryal : May it therefore please your Majesty that it may be Enacted , And be it Enacted by the Authority of this present Parliament , The persons dead before they could be brought to tryal attainted The persons fled attainted . That the said Oliver Cromwell deceased , Henry Ireton deceased , John Bradshaw , deceased , and Thomas Pride deceased , shall by vertue of this Act , be adjudged to be Convicted and Attainted of High Treason , to all intents and purposes , as if they , and every of them respectively , had béen Attainted in their lives : And also that John Lisle , William Say , Valentine Wanton , Edward Whalley , John Barkstead , Edmond Ludlow , Sir Michael Livesey , John Okey , John Hewson , William Goffe , Cornelius Holland , Thomas Challoner , William Cawley , Miles Corbet , Nicholas Love , John Dixwell , Daniel Blagrave , Andrew Broughton , Edward Dendy , and every of them , stand and be adjudged , and by Authority of this present Act Convicted and Attainted of High Treason ; Their Lands , Tenements , &c. forfeited & vested in his Majesty . And that all and every the Manors , Messuages , Lands , Tenements , Rents , Reversions , Remainders , Possessions , Rights , Conditions , Interests , Offices , Fées , Annuities , and all other the Hereditaments , Leases for years , Chastels real , and other things of that nature , whatsoever they be , of them the said Oliver Cromwell , Henry Ireton , John Bradshaw , Thomas Pride , John Lisle , William Say , Valentine Wauton , Edward Whalley , John Barkstead , Edmond Ludlow , Sir Michael Livesey , John Okey , John Hewson , William Goffe , Cornelius Holland , Thomas Challoner , William Cawley , Miles Corbet , Nicholas Love , John Dixwell , Daniel Blagrave , Andrew Broughton , Edward Dendy , Thomas Harrison , Adrian Scroop , John Carew , John Jones , Thomas Scot , Gregory Clement , Hugh Peters , Francis Hacker , John Cook , Daniel Axtel , Sir Hardress Waller , William Heveningham , Isaac Penington , Henry Martin , Gilbert Millington , Robert Titchbourn , Owen Row , Robert Lilbourn , Henry Smith , Edmond Harvey , John Downs , Vincent Potter , Augustine Garland , George Fleetwood , Simon Meyne , James Temple , Peter Temple , Thomas Wayte , which they , or any of them , or any other person or persons , to their or any of their uses , or in trust for them , or any of them , had the Five and twentieth day of March , Whereof they were seised , or any for them 25 March 1646. in the year of our Lord , One thousand six hundred forty and six , or at any time since , shall stand and be forfeited unto Your Majesty , Your Heirs and Successors , and shall be déemed , vested , and adjudged to be in the actual and real possession of your Majesty , without any Office or Inquisition thereof hereafter to be taken or found : And also , That all and every the Goods , Debts , and other the Chattels personal whatsoever , of them , the said Oliver Cromwell , Henry Ireton , John Bradshaw , Thomas Pride , whereof at the time of their respective deaths , they , or any of them , or any other in trust for them , or any of them , stood possessed in Law or Equity ; All their goods & personal estate forfeited & vested in his Majesty . and all the Goods , Debts , and other the Chattels personal whatsoever of them the said John Lisle , William Say , Valentine Wauton , Edward Whalley , John Barkstead , Edmond Ludlow , Sir Michael Livesey , John Okey , John Hewson , William Goffe , Cornelius Holland , Thomas Challoner , William Cawley , Miles Corbet , Nicholas Love , John Dixwell , Andrew Broughton , Edward Dendy , Thomas Harrison , Adrian Scroop , John Carew , John Jones , Thomas Scot , Gregory Clement , Hugh Peters , Francis Hacker , John Cook , Daniel Axtel , Sir Hardress Waller , William Heveningham , Isaac Penington , Henry Martin , Gilbert Millington , Robert Titchbourn , Owen Row , Robert Lilburn , Henry Smith , Edmond Harvey , John Downs , Vincent Potter , Augustine Garland , George Fleetwood , Simon Meyne , James Temple , Peter Temple , Thomas Wayte , Whereof they were possest or any for them 11 Feb. 1659. whereof upon the eleventh day of February , One thousand six hundred fifty nine , they or any of them , or any other in trust for them , or any of them , stood possessed either in Law or Equity , shall be déemed and adjudged to be forfeited unto , and are hereby vested , and put into the actual and real possession of Your Majesty , without any further Office or Inquisition thereof hereafter to be taken or found .

Provided alwayes , and be it Enacted by the Authority aforesaid , That no Conveyance , Proviso for conveyances by any of the offenders . Assurance , Grant , Bargain , Sale , Charge , Lease , Assignment of Lease , Grants and Surrenders by Copy of Court-Roll , Estate , Interest , Trust , or limitation of any Vse or Vses of or out of any Manors , Lands , Tenements , or Hereditaments , not being the Lands nor Hereditaments of the late King , Quéen , or Prince , or of any Arch-bishops , Bishops , Deans , Deans and Chapters , nor being Lands or Hereditaments sold or given for the Delinquency , or pretended Delinquency of any person or persons whatsoever , by vertue or pretext of any Act , Order , Ordinance , or reputed Act , Order , or Ordinance since the first day of January , One thousand six hundred forty one , nor any Statute , Statutes , Iudgments , &c. before the 9th of Sept. 1659. Iudgment or Recognizance had , made , acknowledged or suffered to any person or persons , Bodies Politick or Corporate , before the twenty ninth day of September , One thousand six hundred fifty nine , by any of the Offenders before in this Act mentioned , or their Heirs , or by any other person or persons claiming by , from , or under them or any of them , other then the wife or wives , For money bona fide lent , &c. Conveyances in trust made before the ●● . of April 166● . to any the said Offenders . child or children , heir or heirs of such person or persons , or any of them , for money bona fide , to them or any of them paid or lent , nor any Conveyance , Assurance , Grant , or Estate made before the twenty fifth of April , One thousand six hundred and sixty , by any person or persons to any of the Offenders aforesaid in Trust ; and for the benefit of any other person or persons not being any of the offenders aforesaid , or in trust for any Bodies Politick or Corporate , shall be impeached , defeated , made void or frustrated hereby , or by any of the Convictions and Attainders aforesaid ; but that the same shall be held and enioyed by the Purchasers , Grantées , Lessées , Assigns , Cestuy que use , Cestuy que trust , and every of them , their Heirs Executors , Administrators and Assigns respectively , as if this Act had not béen made , and as if the said Offenders had not béen by this Act , or by any other course or procéedings of Law , convicted or attainted ; so as the said Conveyances , Such conveyances to be enrolled in the Court of Exchequer before the first of Ian. 1662. and all and every the Grants and Assurances which by vertue of this Act , are , and ought to be held and enjoyed as aforesaid , shall before the first of January , which shall be in the year of our Lord , One thousand six hundred sixty two , be entred and enrolled of Record in His Majesties Court of Exchequer , and not otherwise ; Any thing in this Act herein before contained to the contrary in any wise notwithstanding .

Proviso for the Marquess of Worcester , &c. Provided alwayes , and be it Enacted by the Authority aforesaid , That all and singular the Manors , Lands , Tenements , and Hereditaments , which at any time heretofore were the Lands and possessions of Henry late Marquess of Worcester , and Edward now Marquess of Worcester , and Henry Lord Herbert , Son and Heir apparent of the said Edward Marquess of Worcester , or any of them ; whereof or wherein the said Oliver Cromwell , or any other person or persons in trust for him , or to his use , or any other the persons attainted by this Act , or otherwise , or any person or persons in trust for them or any of them , had or claimed , or pretended to have any Estate , Right , Title , Possession or Interest , at any time before or since the decease of the said Oliver Cromwell , shall be , and hereby are vested and setled in , and shall be held and enjoyed by the said Marquess of Worcester , and the said Henry Lord Herbert , in such manner and form , and for such Estate and Estates , with such powers and priviledges as they formerly had in the same respectively ; Any thing in this present Act contained , or any Act , Conveyance or Assurance heretofore made or acknowledged by the said Edward Marquess of Worcester , and Henry Lord Herbert , or either of them , unto the said Oliver Cromwell , or any other person or persons , in trust for , or to the use of the said Oliver Cromwell , or any Act or Conveyance made or done by the said Oliver Cromwell , or by any in trust for him , to any person whatsoever , to the contrary notwithstanding . Saving alwayes to all and every person and persons , Saving . Bodies Politick , and others , their respective Heirs , Successors , Executors and Administrators , all such Right , Title and Interest in Law and Equity , which they or any of them have or ought to have , of , into , or out of any the Premisses , not being in trust for any the said Offenders , nor derived by , from or under the said Offenders , since the twenty fifth day of March , which was in the year of our Lord , One thousand six hundred forty six ; And that they the said person and persons , Bodies Politick , and other their respective Heirs , Successors , Executors and Administrators , and every of them , in all and every such case where his and their Entry was lawful , upon such Offender , or Offenders , or the Heirs or Assigns of such Offender or Offenders , in or upon the said twenty fifth day of March , one thousand six hundred forty and six , or at any time since , may without Petition , Monstrans de droyt , Ouster le maine , or other Suit to his Maiesty , enter on the premisses in his Majesties possession , or in the possession of his Successors and Patentées , their Heirs or Assigns , in such manner to all intents , as he or they might have done on the possession of the said Offenders , their Heirs or Assigns , in or upon the said twenty fifth day of March , or at any time since ; Any thing in this Act to the contrary in any wise notwithstanding .

Proviso for such as have received & paid their Rents to the Offenders . Provided also , That all and every person and persons which have received any of the Rents or mean profits , of , in , or out of any the Lands , Tenements and Hereditaments , Chattels real , or Possessions of any of the Offender or Offenders in this Act mentioned , before the Eleventh day of February , One thousand six hundred fifty and nine , and have paid or accounted for the same before she said Eleventh day of February , One thousand six hundred fifty and nine , unto the said Offender or Offenders , or their Assigns , or to any claiming from or under them , shall be clearly and for ever acquitted and discharged of and from the same , against the Kings Majesty , His Heirs and Successors , any thing herein contained to the contrary notwithstanding .

Proviso for Richard Ingoldsby . Provided alwayes , That it shall and may be lawful to and for Richard Ingoldsby to retain and kéep , or otherwise to sell and dispose all and singular the Goods and Chattels formerly belonging to Sir Hardress Waller , in the Kingdom of Ireland , untill two thousand pounds , for which the said Richard Ingoldsby in the year One thousand six hundred fifty eight , stood joyntly bound with the said Sir Hardress Waller , unto James Brooks of the City of York , Alderman , and was then counter-secured by a Iudgment upon his Lands , and since by a Déed of Bargain and Sale of the said Goods and Chattels in Ireland , be fully paid , together with the Interest thereof ; he the said Richard Ingolsby accounting for , and paying the full overplus thereof , if any shall be , unto our Soveraign Lord the King ; Any thing herein before contained to the contrary notwithstanding , St. 13 Car. 2. cap. 7.

CAP. XXXI .

Leases and Grants from Colledges and Hospitals Confirmed .

CAP. XXXII .

Exportation of Wooll , Woolfells , Fullers Earth , or any kind of Scouring Earth , Prohibited .

FOR the better preventing and avoiding of such Losses and Inconveniencies as have happened , and daily do and may happen to the Kingdom of England , and Dominion of Wales , and to the Kingdom of Ireland , by and through the secret and subtile exportation and transportation , and by and through the subtile carrying and conveying away of Wooll , Woolfels , Mortlings , Shorlings , Yarn made of Wooll , Woolflocks , Fullers Earth , and Fulling Clay , out , of , and from the Kingdoms and Dominion aforesaid , and for the better setting on work the poor people and Inhabitants of the Kingdoms and Dominion aforesaid ; And to the intent that the full and best use and benefit of the principal native Commodities of the same Kingdoms and Dominion may come , redound , and be unto and amongst the Subjects and Inhabitants of the same , and not unto or amongst the Subjects and Inhabitants of the Realm of Scotland , or of any Forreign Realms or States , as the same now of late in some great measure hath done , and is further likely to do , if some severer punishment than heretofore be not speedily inflicted upon such Offenders as shall be Actors or Assistants in and to such Exportation and Transportation , and in and to such carrying and conveying thereof , as aforesaid ;

Be it Enacted by the Kings most Excellent Majesty , No person after the 14. of Jan. 1660. shall export any Sheep or Wooll , Wool-fells , Mortlins , Shorlings , Yarn , Woolflocks , Fullers , Earth , Fulling Clay . the Lords and Commons in this present Parliament assembled , and by the Authority of the same , That no person or persons whatsoever , from and after the fourtéenth day of January , One thousand six hundred and thréescore , shall directly or indirectly , Export , Transport , carry or convey , or cause or procure to be Exported , Transported , carried or conveyed , out of , or from the Kingdom of England , or Dominion of Wales , or Town of Berwick upon Tweed , or out of , or from the Isles of Jersey or Guernsey , with Sarke and Alderney , being under the Government of Guernsey , aforesaid , or out of , or from any of them , or out of , or from the Kingdom of Ireland , aforesaid , into any parts or places out of the Kingdoms , Isles , or Dominion aforesaid , any Shéep or Wooll whatsoever , of the bréed or growth of the Kingdoms of England , or Ireland , or Isles , or Dominion aforesaid ; Or any Woolfells , Mortlings or Shorlings , or any Yarn made of Wooll , or any Woolflocks , or any Fullers Earth , or any Fulling Clay whatsoever ; nor shall directly or indirectly pack or load , Nor carry , load , or board any Sheep , Wooll , &c. or cause to be packed or loaded upon any Horse , Cart , or other Carriage , or Load , or lay on board , or cause to be loaden or laid on board in any Ship or other Vessel , in any Place or Port within the Kingdoms of England or Ireland , or Town of Berwick , or Isles , or Dominion aforesaid , any such Shéep , Wool , Wool-fells , Mortlings , Shorlings , Yarn made of Wooll , or Woolflocks , or any Fullers Earth , or Fulling Clay , to the intent or purpose to export , transport , carry or convey the same , or to cause the same to be exported , transported , carried or conveyed out of the Kingdoms of England and Ireland , Town of Berwick , Isles , or Dominion aforesaid , or with intent or purpose , that any other person or persons should so export , transport , carry or convey the same into any parts or places out of the Kingdoms of England and Ireland , Town of Berwick , Isles , or Dominion aforesaid , into the Kingdom of Scotland , or any forreign parts .

And be it further Enacted by the Authority aforesaid , That no Wooll , Woolfells , Mortlings , No Wooll , Woolfells , &c. after the 14. of Ian. 1660. to be carried into Wales , Ireland , &c. Except . Shorlings , Yarn made of Wooll , Woolflocks , or any Fullers Earth , or Fulling Clay , shall be from and after the fourtéenth day of January , in the year of our Lord one thousand six hundred and thréescore , exported , transported , carried or conveyed out of the Kingdom of England and Dominion of Wales , or Town of Berwick , or Kingdom of Ireland , or out of any Port or Place of the said Kingdoms respectively unto the Isles of Jersey or Guernsey , or to Sarke , or Alderney , except as in this Act shall be hereafter limited or appointed .

And be it further Enacted by the authority aforesaid , The Penalties . That all and every the Offender and Offenders , offence and offences aforesaid , shall be subject and lyable to the respective pains , penalties and forfeitures hereafter following , That is to say , The said Shéep , Woolls , Woolfells , Mortlings , Shorlings , Yarn made of Wooll , Woollflocks , Fullers Earth , and Fulling Clay , so exported , transported , carried , conveyed , packed or loaden , contrary to the true intent of this Act , shall be forfeited , and that every offender and offenders therein shall forfeit twenty shillings for every such Shéep , and thrée shillings for every pound weight of such Wooll , Woolfells , Mortlings , Shorlings , Yarn made of Wooll , Woollflocks , Fullers Earth , or Fulling Clay ; And also the Owners of the said Ships or Vessels knowing such offence , shall forfeit all thei● Interest in the said Ships or Vessels , with all their Apparrel and Furniture to them and every of them belonging : And that the Master and Mariners thereof , knowing such offence , and wittingly and willingly aiding and assisting thereunto , shall forfeit all their Goods and Chattels , and have Imprisonment for the same thrée moneths without Bail or Main-prise ; the one moyety of which said penalties and forfeitures shall be to the Kings Majesty , His Heirs and Successors ; and the other moyety to him that will sue for the same by Action of Debt , Bill , Plaint or Information in any of His Majesties Courts of Record , or before the Iustices of Assize , or in the General Quarter Sessions of the Peace : In which Suit , no Essoyn , protection or wager of Law shall be allowed .

The penalty upon any Merchant that shall transport woolls , &c. And be it further Enacted , That if any Merchant , or other person or persons shall after the said fourtéenth day of January transport or cause to be transported any Shéep , Wooll , Woolfells , Mortlings , Shorlings , Woollen Yarn , Woolflocks , Fullers Earth , or Fulling Clay , contrary to the true intent of this Act , and be thereof lawfully convicted , That then he shall be disabled to require any Debt or Accompt of any Factor or others , for or concerning any Debt or Estate properly belonging to such offender . Proviso . Provided alwayes , and it is nevertheless declared , That this Act , or any thing therein contained , shall not be construed to take away any greater pains or penalties inflicted , or to be inflicted for any the offences aforesaid , by vertue of any former Act of Parliament now in force .

Offences against this Act where to be tryed . And be it also further Enacted by the authority aforesaid , That every offence that shall be done or committed contrary to this Act , shall and may be inquired of and heard , examined , tryed and determined in the County where such Shéep , Wooll , Woolfells , Mortlings , Shorlings , Yarn made of Wooll , Woolflocks , Fullers Earth , or Fulling Clay respectively shall be so packed , loaden , or laid aboard as aforesaid , contrary to this Act , or else in the County where such Offenders shall happen to be apprehended , or arrested for such offence , in such manner and form , and to such effect to all intents and purposes , as if the same offence had béen wholly and altogether done and committed at and in such County .

They to be Prosecuted within a year after the offence committed .

Any person may seize goods contrary to this Act , loaded with intent to be transported , and shall have the moyety thereof .

Provided alwayes , and be it Enacted by the Authority aforesaid , That no person or persons whatsoever shall at any time hereafter be impeached for any offence aforesaid , unless such person or persons shall be prosecuted within the space of one year next ensuing such offence committed .

And be it further Enacted by the Authority aforesaid , That it shall and may be lawful to and for any person or persons to seize , take and challenge to his or their own use and behoof , and to the use of the King , His Heirs and Successors , all and all manner such Shéep , Wooll , Woolfells , Mortlings , Shorlings , Yarn made of Wooll , Woollflocks , Fullers Earth , and Fulling Clay , as he or they shall happen to sée , finde , know or discover to be laid aboard in any Ship or other Vessel or Boat , or to be brought , carried or laid on shore , at or near the Sea or any Navigable River or Water , to the intent or purpose to be exported , transported or conveyed out of the Kingdoms of England or Ireland , Town of Berwick , Isles , or Dominion aforesaid , contrary to the true meaning of this Act , or to be packed or loaden upon any Horse , Cart , or other Carriage , to the intent or purpose to be conveyed or carried into the Kingdom of Scotland , aforesaid ; and that such person or persons as shall happen so to seize , take or challenge any such Shéep , Wooll , Woolfells , Mortlings , Shorlings , Yarn made of Wooll , Woolflocks , Fullers Earth , or Fulling Clay , as aforesaid , shall have the full moyety thereof , to all intents and purposes .

Proviso , such person shall not be evidence against the offender . Provided alwayes , That such Person or Persons as shall make any such Seizure or challenge aforesaid to his or their own use , shall not be admitted or allowed to give in Evidence upon his or their Oath or Oaths against any Person or Persons which shall happen to be indicted , accused or questioned by vertue of this Act , or any thing therein contained .

Forfeiture of the ship if the owner be an Alien , or not Inhabiting in England . And furthermore be it Enacted by the Authority aforesaid , That all and every ship , Vessel , Hulk , Barge or Boat , of what kind soever , whereof any Alien born , or whereof any natural born Subjects not inhabiting within the Realm of England shall be owner or part-owner , and wherein any Shéep , Wooll , Woolfells , Mortlings , Shorlings , Yarn made of Wool , Woolflocks , Fullers Earth , or Fulling Clay , shall happen to be shipped , put , or laid aboard , contrary to the true meaning of this Act , shall be forfeited to the Kings Majesty , His Heirs and Successors .

Provided alwayes , That this Act shall not extend to any Lamb Skin ready drest , and prepared fit and useful for Furr or Lynings .

Proviso . Provided also , That this Act shall not in any wise extend to the transporting , carrying or conveying away of any such Woolfells or Pelts , with such Wooll upon them , or to any Beds stuffed with Flocks , which shall be carried or imployed in any Ship or other Vessel for necessary use only , of and about the Ordnance or other thing in or concerning such Ship or Vessel , or only for the necessary use of any the Persons in such Ship or Vessel passing or being , and which shall not be sold or uttered in any Forreign parts out of the Kingdoms of England or Ireland , Ireland . Berwick . or Town of Berwick , Isles , or Dominion aforesaid ; nor to the exporting , transporting , carrying or conveying of any Wether-shéep , or of the Wooll growing upon any such Wether-shéep , to be carried alive in any Ship or other Vessel , for and towards the only necessary food or diet , of , or for the Company or Passengers , or other Persons therein , and for and towards none other purpose .

Proviso . Southampton . Jersey . Guernsey . Provided alwayes , and be it further Enacted , That this Act , or any thing therein contained , shall not extend to any such Wooll to be exported or transported out , of , or from the Port of Southampton , only unto the aforesaid Isles of Jersey and Guernsey , by , or for the only use or behoof of any the Inhabitants of the said Isles of Jersey and Guernsey , or either of them , or to any such wooll to be shipped or loaden aboard in any ship or other vessel , by , or for the only use or behoof of any the Inhabitants of the said Isles of Jersey or Guernsey , or either of them , in the Port aforesaid , to be exported and transported into the said Isles of Jersey or Guernsey , or either of them ; so as such person and persons that shall so ship or lay aboard such wool into any ship or other Vessel , do before the shipping or laying aboard such wool , deliver unto the Customer , Comptroller , Surveyor , or Searcher of the Port of Southampton aforesaid ( out of which the same wooll is to be exported ) a writing under the Seal or Seals of the respective Governors of the same Isles of Jersey and Guernsey , unto which the said wooll is to be transported , or of his or their Deputy or Deputies respectively , the which writing shall purport and express that the party named in such writing is authorised and appointed to export , or to cause to be exported out of the Port aforesaid so much wooll , expressing the number of the Tods , to the same Isle , to be used or manufactured in one of the same Isles , or in some of the members or parts of the same , and that such party so authorised and appointed to export , or cause to be exported that wooll , hath before the making and sealing of that writing , entred into sufficient Bond to his Majesties use for the landing of the said wooll in that Isle . And to the intent that the quantity of wooll to be exported out of the Port of Southampton aforesaid into the said Isles , or either of them , in any one year , accompting the year to begin from the first day of January next ensuing , and so yearly from the first day of January , may not excéed the quantity hereunder specified ; that is to say , unto the Isle of Jersey Two thousand Tods and no more of unkeamed wooll , and unto Guernsey , Alderney , Sarke . One thousand Tods and no more of unkeamed wooll , and unto Alderney , Two hundred Tods and no more of unkeamed wooll ; and unto Sarke , One hundred Tods of unkeamed wooll and no more , every Tod not excéeding thirty two pounds .

And be it Enacted by the authority aforesaid , That the Governor of the said Isle of Jersey , or his Deputy , for whom he will answer , shall not make to any Person or Persons any writing or writings such as is above specified , to authorise or appoint such Person or Persons as aforesaid , to fetch , export or transport out of the Port of Southampton aforesaid unto the said Isle of Jersey , in one year , accompting the year from the first day of January , One thousand six hundred and sixty aforesaid , any greater quantity of wooll then Two thousand Tods in any one year ; and that the Governor of the said Isle of Guernsey , or his Deputy for whom he will answer , shall not make to any Person or Persons any writing or writings , such as is above specified , to authorize and appoint such person or persons as aforesaid , to fetch , export , or transport out of the Port above specified unto the said Isles of Guernsey , with Alderney and Sarke , in any one year , accompting the year from the first day of January aforesaid , any greater quantity of wooll then one thousand Tods for Guernsey , Two hundred Tods for Alderney , and one hundred Tods for Sarke , in any one year ; and that the Customer of the Port of Southampton aforesaid , shall kéep a true accompt of all the said quantity of Woolls so by him permitted to be loaden by vertue of this Act , and shall not permit any greater quantity of Woolls to be loaden then by this Act is prescribed , in any one year , to either of the said Islands respectively , under any pretence whatsoever , upon the penalty of the forfeiture of his place , and the sum of One hundred pounds in money , one moyety whereof to the Kings Majesty , His Heirs and Successors , and the other moyety to him or them that will sue for the same in any Court of Record , wherein no Essoign , Protection , or Wager of Law shall be allowed . And if any of the Governors aforesaid , or any of their , or either of their Deputy or Deputies of the said Isles , or either of them , shall give , grant , or make any Licence or Licences for exporting from Southampton aforesaid , into the said Isles respectively , of any greater quantity of such Wooll then is before by the true meaning of this Act limited and appointed in that behalf ; That then the respective Governor or Governors of such of the said Isles shall forfeit and pay to Kings Majesty , His Heirs or Successors , the sum of Twenty pounds of lawful money of England , for every Tod of Wooll which shall be so licensed to be exported over and above the rate or porportion of Wooll in and by this Act , or the true meaning thereof , limited or appointed .

And be it further Enacted by the Authority aforesaid , That the respective Governors aforesaid , or their respective Deputies , or any their Clerks , Officers or Servants , for the granting , making , or sealing of every such writing of Licence as is aforesaid , and for the entring a Remembrance of the same into some Book , which they shall have and kéep for that purpose , may have and take the sum of Twelve pence , and no more , upon pain of forfeiting to the party grieved the sum of Five shillings for every penny which shall be taken over and above the said sum of twelve pence , in and by this Act allowed to be taken , and so after that proportion ; the said penalty or Forfeiture for the taking above Twelve pence as aforesaid , to be recovered by Bill , Plaint or Information , in any Court of Record at Westminster , or elsewhere , wherein no Injunction , Protection , Priviledge , Essoyne or Wager of Law shall be admitted or allowed , St. 13 Car. 2. cap. 13.

CAP. XXXIII .

The Confirmation of Marriages .

VVHereas by vertue or colour of certain Ordinances , or certain pretended Acts or Ordinances , divers marriages since the beginning of the late troubles have béen had and solemnized in some other manner then hath béen formerly used and accustomed : Marriages since the ● . May , 1642. confirmed . Now for the preventing and avoiding of all doubts and questions touching the same , It is Enacted by the Kings most Excellent Majesty , with the advice and assent of the Lords and Commons in Parliament Assembled , and by Authority of the same , That all Marriages had or Solemnized in any of his Majesties Dominions since the first day of May , in the year of Our Lord , One thousand six hundred forty and two , before any Iustice of Peace , or reputed Iustice of Peace , of England or Wales , or other his Majesties Dominions , and by such Iustice , or reputed Iustice , so pronounced or declared ; And all Marriages within any of His Majesties Dominions , since the same first day of May , in the year of Our Lord , One thousand six hundred forty two , had or Solemnized according to the direction or true intent of any Act or Ordinance , or reputed Act or Ordinance , of one or both houses of Parliament , or of any Convention sitting at Westminster , under the Name , Stile , or Title of a Parliament , or assuming that Name , Stile or Title , shall be , and shall be adjudged , estéemed , and taken to be , and to have béen of the same , and no other force and effect , as if such Marriages had béen had and solemnized according to the Rites and Ceremonies established , or used in the Church or Kingdom of England , any Law , Custom , or Vsage to the contrary thereof notwithstanding .

Issues upon lawfulness of marriages already joyned shall be cryed by Iury And be it further Enacted , that where in any Suit commenced , or to be commenced in any of the Courts of the common Law , any issue hath béen joyned , and not already tryed or determined , or shall be joyned upon the point of Bastardy , or unlawfulness of marriage , for or concerning the marriages had and solemnized , as aforesaid , the same issues shall be tryed by Iury of Twelve Men , according to the course of Trial of other issues tryable by Iury at the Common Law , and not otherwise , Bastardy . any Law , Statute , or Vsage to the contrary thereof in any wise notwithstanding . Stat. 13 Car. 2. cap. 11.

CAP. XXXIV .

The Planting , Setting , or Sowing of Tobacco in England and Ireland prohibited .

YOur Majesties Loyal and Obedient Subjects , The Lords and Commons in this present Parliament assembled , considering of how great concern and importance it is , That the Colonies and Plantations of this Kingdom in America , be defended , Protected , Maintained , and kept up , and that all due and possible encouragement be given unto them ; and that not not only in regard great and considerable Dominions and Countries have béen thereby gained , Importance of the plantations of America . and added to the Imperial Crown of this Realm ; But for that the strength and welfare of this Kingdom do very much depend upon them , in regard of the employment of a very considerable part of its Shipping and Seamen , and of the vent of very great quantities of its Native Commodities and Manufactures ; as also of its supply , with several Commodities which it was wont formerly to have only from Forraigners , and at far dearer Rates : And forasmuch as Tobacco is one of the main products of several of those Plantations , and upon which their Welfare , and Subsistence , and the Navigation of this Kingdom , and vent of its Commodities thither , do much depend ; and in regard it is found by experience , That the Tobaccoes Planted in these parts are not so good and wholsome for the Takers thereof ; And that by the Planting thereof , your Majesty is deprived of a considerable part of your Revenue arising by Customs upon Imported Tobacco ; Do most humbly pray , That it may be Enacted by your Majesty : And it is hereby Enacted by the Kings most Excellent Majesty , and the Lords and Commons in this present Parliament Assembled , and by Authority of the same , No person after the 1. Ianuary , 1660. shall set or plant any Tobacco . That no Person or Persons whatsoever shall , or do from and after the first day of January , in the year of our Lord , One thousand six hundred and sixty , Set , Plant , improve to grow , make or cure any Tobacco either in Séed , Plant , or otherwise , in or upon any Ground , Earth , Field , or Place within the Kingdom of England , Dominion of Wales , Islands of Guernsey or Jersey , The penalty . or Town of Berwick upon Tweed , or in the Kingdom of Ireland , under the penalty of the Forfeiture of all such Tobacco , or the value thereof , or of the sum of forty shillings for every Rod or Pole of Ground so Planted , set , or Sowen as aforesaid ; and so proportionably for a greater or lesser quantity of Ground , one Moyety thereof to His Majesty , His Heirs and Successors ; And the other Moyety to him or them that shall Sue for the same , to be recovered by Bill , Plaint , or Information in any Court of Record , wherein no Essoigne , Protection , or wager in Law shall be allowed .

All Sheriffs and other officers may destroy any Tobacco planted contrary to this Act. And it is hereby further Enacted , That all Sheriffs , Iustices of the Peace , Mayors , Bailiffs , Constables , and every of them , upon Information or Complaint made unto them , or any of them , by any the Officers of the Customes , or by any other Person or Persons whatsoever , That there is any Tobacco set , sowen , planted , or growing within their Iurisdictions or Precincts , contrary to this Act , shall within ten daies after such Information or Complaint , cause to be burnt , plucked up , consumed , or utterly destroyed , all such Tobacco so set , sowen , planted or growing .

The penalty of any person resisting this act . And it is hereby further Enacted , That in case any Person or Persons shall resist , or make forcible Opposition against any person or persons in the due and through Execution of this Act , that every such person or persons , for every such Offence , shall forfeit the sum of five pounds to be divided and recovered in manner aforesaid . And in case any person or persons shall not pay the sums of money by them to be paid , by vertue of this Act , That in every such case , Distress shall be made and Sale thereof , returning the Over-plus to the Owners ; And in case no Distress be to be found , That then every such party shall be committed to the Common Goal in the County where such Offence shall be committed , there to remain for the space of two moneths , without bail or main-prize .

Proviso , for private Gardens . Provided alwayes , and it is hereby Enacted , That this Act , nor any thing therein contained , shall extend to the hindring of the planting of Tobacco in any Physick Garden of either Vniversity , or in any other private Garden for Physick or Chirurgery , only so as the quantity so planted excéed not one half of one Pole in any one Place or Garden . Stat. 13 Car. 2. cap. 14.

CAP. XXXV .

A Post-Office erected and established .

WHereas for the maintenance of mutual Correspondencies , and prevention of many Inconveniencies happening by private Posts , The well ordering of postage and letters of great concernment to Trade . several publick Post-Offices have béen heretofore erected for carrying and recarrying of Letters by Posts , to , and from all parts and places within England , Scotland , and Ireland , and several parts beyond the Seas ; the well Ordering thereof , is a matter of general concernment , and of great advantage , as well for preservation of Trade and Commerce , as otherwise : To the end therefore , that the same may be managed so , that spéedy and safe dispatches may be had , which is most likely to be effected , by erecting one general Post-Office for that purpose ;

Be it therefore Enacted by the Kings most Excellent Majesty , A Letter-office erected in London . the Lords and Commons in this present Parliament assembled , and by the Authority of the same , That there be from henceforth one general Letter-Office erected and established in some convenient place within the City of London , A master of the Office to be appointed by the King . Post-master General . from whence all Letters and pacquets whatsoever may be with spéed and expedition sent unto any part of the Kingdoms of England , Scotland , and Ireland , or any other of his Majesties Dominions , or unto any Kingdom or Country beyond the Seas , at which said Office all Returns and Answers may be likewise received ; And that one Master of the said General Letter-Office shall be from time to time appointed by the Kings Majesty , His Heirs and Successors , to be made and constituted by Letters Patents under the Great Seal of England , by the name and Stile of his Majesties Post-Master General ; which said Master of the said Office , and his Deputy and Deputies , by him thereunto sufficiently authorised , and his and their Servants , and Agents , and no other person or persons whatsoever , shall from time to time have the receiving , taking up , ordering , dispatching , sending Post or with spéed , and delivering of all Letters and Pacquets whatsoever , which shall from time to time be sent to and from all and every the parts and places of England , Scotland , and Ireland , and other his Majesties Dominions , and to and from all and every the Kingdoms and Countries beyond the Seas , where he shall settle or cause to be setled posts or running Messengers for that purpose . Except such Letters as shall be sent by Coaches , common known Carriers of Goods by Carts , Waggons , or Packhorses , and shall be carried along with their Carts , Waggons , and Packhorses respectively ; And except Letters of Merchants and Masters which shall be sent by any Masters of any Ships , Barques , or other Vessel of Merchandize , or by any other person imployed by them for the carriage of such Letters aforesaid , according to the respective directions ; And also except Letters to be sent by any private friend or friends in their wayes of journey or travel , or by any messenger or messengers sent on purpose , for or concerning the private affairs of any person or persons : And also except Messengers who carry and recarry Commissions , or the Return thereof , Affidavits , Writs , Process or Procéedings , or the Returns thereof , issuing out of any Court .

And be it further Enacted by the Authority aforesaid , The Post-master General and no other to provide horses for riding post . That such Post-Master General for the time being , as shall from time to time be made and constituted by His Majesty , His Heirs and Successors , and the respective Deputies , or Substitutes of such Post-Master General , and no other person or persons whatsoever , shall prepare , and provide Horses and furniture to let to Hire unto all Through-posts , and persons riding in post by Commission , or without , to and from all and every the parts and places of England , Scotland , and Ireland , where any post-roads are , or shall be setled and established .

And be it further Enacted by the authority aforesaid , That it shall and may be lawful to and for such Post-Master General to be constituted and appointed as aforesaid , and his Deputy or Deputies by him thereunto sufficiently authorized , to demand , have , receive and take for the portage and conveyance of all such Letters which he shall so convey , carry or send Post as aforesaid , and for the providing and furnishing Horses for Through-Posts , or persons riding in Post as aforesaid , according to the several Rates and Sums of Lawful English money hereafter mentioned , Rates for carrying letters . not to excéed the same ( that is to say ) , For the Port of every Letter not excéeding one shéet , to or from any place not excéeding fourscore English miles distant from the place where such Letter shall be received , Two pence ; And for the like port of every Letter not excéeding two shéets , Four pence ; And for the like port of every pacquet of Letters proportionably unto the said Rates ; And for the like port of every pacquet of Writs , Déeds , and other things , after the Rate of Eight pence for every ounce weight ; and for the port of every Letter not excéeding one shéet , above the distance of fourscore English miles from the place where the same shall be received , Thrée pence ; And for the like port of a Letter , not excéeding two shéets , Six pence ; and proportionably to the same rates , for the like port of all pacquets of Letters , and for the like port of every other pacquet of writs , Déeds , or other things , after the rate of Twelve pence of English money for every Ounce weight ; and for the port of every letter not excéeding One shéet , from London unto the Town of Berwick , or from thence to the City of London , Thrée pence of English money ; And for the like port of every letter not excéeding two shéets , Six pence ; and proportionably unto the same rates , for every pacquet of letters , and for every other pacquet of greater bulk , One shilling and Six pence for every Ounce weight ; And for the port of such letters and pacquets as shall be conveyed or carried from the Town of Berwick unto any place or places within forty English miles distance from Berwick , or any other place where such letter shall be received , Two pence ; and for every letter not excéeding Two shéets , Four pence ; and proportionably to the same rates for every pacquet of letters , and for every other pacquet or parcel , Eight pence for every Ounce weight ; and for every letter not excéeding One shéet , to be conveyed or carryed a further distance then Forty English miles , Four pence ; And for the like port of every pacquet of letters , Eight pence : and proportionably unto the same Rates for the like port of every pacquet of letters , and for the like port of every other pacquet , One shilling for every Ounce weight ; and for the port of every letter not excéeding one shéet from England unto the City of Dublin in Ireland , or from the City of Dublin in Ireland unto England , Six pence of English money ; and for the like port of every letter not excéeding two shéets , one shilling , and proportionably to the same rates for every pacquet of letters , and for the port of every other pacquet of any kind of greater Bulk , Two shillings for every ounce weight ; and for the Port of such Letters or Pacquets as shall be conveyed or carryed from the City of Dublin , unto any other place or places within the Kingdom of Ireland , or from any other place unto the said City , or to , or from any other place within the said Kingdom , according to the Rates and sums of English mony hereafter following , viz. For every Letter not excéeding one shéet , to or from any place within forty English Miles distance from Dublin , or any other place where such Letter shall be received , Two pence ; And for every letter not excéeding two shéets , Four pence ; and proportionably to the same Rates for every pacquet of letters , and for every pacquet of greater Bulk , Eight pence for every Ounce Weight ; and for every letter not excéeding one shéet , to be carryed or conveyed a further distance then forty English miles , Four pence ; and for the like port of every letter not excéeding two shéets , Eight pence ; and proportionably unto the same Rates for the like port of every pacquet of letters , and for the like Port of every Pacquet of greater Bulk , One shilling for every Ounce weight ; and for all and every the Letters , Pacquets , and parcels of Goods that shall be carried or conveyed to or from any of his Majesties said Dominions to or from any other parts or places beyond the Seas , according to the several and respective Rates that now are , and have béen taken for Letters , Pacquets , and parcels so conveyed , being rated either by the Letter , or by the Ounce weight ,

That is to say , Morlaix , Saint Maloes , Caen , Newhaven , and Places of like distance , Port paid to Roan is for d Single vi Double xii Treble xviii Ounce xviii Hamburgh , Colen , Frankfort , Port paid to Antwerp is d Single viii Double xvi Treble xxiv Ounce xxiv Venice , Geneva , Legorne , Rome , Naples , Messina , and all other parts of Italy by way of Venice , franct pro Mantua s d Single o ix Double i vi Treble ii iii Ounce ii viii Marcelia , Smirna , Constantinople , Aleppo , and all parts of Turky , port paid to Marcelia s d Single i o Double ii o 3 qrs . of an ounce ii ix Ounce iii ix And for Letters brought from the said places to England . s d Single o viii Double i iv Treble ii o Ounce ii o And for the port Letters brought into England from Calais , Diepe , Bulloigne , Abbeville , Amiens , Saint Omers , Montrell . s d Single o iv Double o viii Treble i o Ounce i o Roven . s d Single o vi Double i o Treble i vi Ounce i vi Genova , Legorn , Rome , and other parts of Italy , by way of Lyons , franct pro Lyons . s d Single i o Double ii o 3 qrs . of an ounce ii ix Ounce iii ix And of Letters sent outwards . To Bourdeaux , Rochel , Nantes , Orleans , Byon , Tours , and places of like distance , port paid to Paris . s d Single o ix Double i vi Treble ii iii Ounce ii o And for Letters brought from the same places into England . s d Single i o Double ii o 3 qrs . of an ounce iii o Ounce iv o Also Letters sent outwards . To Norembourgh , Bremen , Dantswick , Lubeck , Lipswick , and other places of like distance , Post paid to Hamburgh . s d Single i o Double ii o 3 qrs . of an ounce iii o Ounce iv o Paris . s d Single o ix Double i vi Treble ii iii Ounce ii o Dunkirk , Ostend , Lille , Ipre , Courtrey , Gheandt , Bruxells , Bridges , Antwerp , and all other parts of Flanders . s d Single o viii Double i v Treble ii o Ounce ii o Slus , Flushing , Middleburgh , Amsterdam , Roterdam , Delph , Hague , and from all other parts of Holland and Zealand . s d Single o viii Double i iv Treble ii o Ounce ii o

Provided alwayes , That all Merchants Accompts not excéeding one shéet of paper , Proviso for Merchants . and all bills of Exchange , Invoyes , and Bills of Lading , are , and shall hereby be understood to be allowed without Rate in the Price of the Letters , and likewise the Covers of Letters not excéeding one fourth part of a shéet of paper sent to Marseilles , Venice or Legorne , to be sent forward to Turky , shall be understood to be allowed to pass without rate or payment for the same ; and according to the same rates and proportions for the Port of Letters , pacquets and parcels to or from any of the parts or places beyond the Seas , where Posts have not béen heretofore setled , and may hereafter be setled by the said Post-Master General for the time being , his Executors or Assigns : And it shall and may be lawfull to and for such Post-Master General , and his Deputy and Deputies , to ask , demand , take and receive of every person that he or they shall furnish and provide with Horses , Furniture and Guide to ride Post in any of the Post-roades as aforesaid , Thrée pence of English money for each Horses , Hire or Postage for every English mile , and four pence for the Guide for every Stage . And whereas upon the arrival of Ships from parts beyond the Seas into several Ports within his Majesties Dominions , many Letters directed to several Merchants and others , have béen detained long to the great damage of the Merchants , in want of that spéedy advice and intelligence which they might have had if the same had béen forthwith dispatched by the setled Posts ; and sometimes such Letters have been delivered by the Masters or Passengers of such Ships to ignorant and loose hands , that understand not the way and means of spéedy conveyance and delivery Letters , whereby great prejudice hath accrued to the affairs of Merchants and others , as well by the miscarriage of many Letters so brought , as oftentimes by the opening of the same to the discovery of the Correspondencies and secrets of the Merchant .

Be it further Enacted by the authority aforesaid , That all Letters and Pacquets that by any Master of any Ship or Vessel , or any of his Company , or any Passengers therein , shall or may be brought to any Port-Town within his Majesties Dominions , or any of the Members thereof , other then such Letters as are before excepted . or may be sent by common known Carriers in manner aforesaid , or by a friend as aforesaid ; shall by such Master , Passenger , or other person be forthwith delivered unto the Deputy or Deputies only of the said Post-Master General for the time being by him appointed for the said Port-Town , and him or them to be sent Post unto the said general Post-Office to be delivered according to the several and respective directions of the same .

And be it further Enacted by the aforesaid Authority , That no person or persons whatsoever , or Body politick or Corporate other then such post-Master General as shall from time to time be nominated and appointed by his Majesty , His Heirs or Successors , and constituted by Letters Patents under the great Seal of England as aforesaid , and his Deputy and Deputies or Assignes , shall presume to carry , recarry , and deliver Letters for Hire , other then as before excepted , or to set up or imploy any Foot-post , Horse-post , Coach-post , or pacquet-Boat whatsoever for the conveyance , carrying , Penalties of offending against this Act and recarrying of any Lettters or pacquets by Sea or Land within his Majesties Dominions , or shall provide and maintain Horses and Furniture for the horsing of any Thorow-pasts , or persons riding in post with a Guide and Horne , as usual for Hire , upon pain of Forfeiting the sum of five pounds of English money for every several offence against the Tenor of this present Act , And also for the forfeiture of the sum of One hundred pound of like English money for every wéeks time that any Offender against this Act shall imploy , maintain , and continue any such foot-post , Horse-post , Coach-post or pacquet-Boat as aforesaid : which said several and respective Forfeitures , shall , and may be sued for , and recovered by Action or Actions of Debt , plaint , or Information in any of his Majesties Courts of Record , wherein no Essoigne , priviledge , protection or Wager of Law shall be admitted , Proviso where any Post-master doth not provide . and the said several and respective forfeitures that shall happen from time to time to be recovered , shall be and remain the one moyety thereof to his Majesty , and his Heirs and Successors , and the other moyety thereof to such person or persons who shall or will inform against the Offender or Offenders against this present Act , and shall or will sue for the said forfeitures upon the same .

Provided alwayes , That if any post-Master of any respective place , doth not , or cannot furnish any person or persons riding in Post with sufficient horses within the space of one half hour after demand , That then such person or persons are here understood to be left at liberty to provide themselves , as conveniently they can ; And the persons who shall furnish such horses shall not therefore be liable unto any Penalties or Forfeitures contained in this Act.

Provided alwaies , That if through default or neglect of the Post-Master General aforesaid , Proviso touching Post-masters that do not sufficiently provide horses , &c. any person or persons riding in Post shall fail as aforesaid of being furnished with a sufficient Horse , or Horses , for his or their use , after demand as aforesaid ; That in every such case , the said Post-Master General shall forfeit the sum of Five pounds sterling , the one moyety to his Majesty , his Heirs and Successors , and the other moyety to him or them who shall sue for the same in any Court of Record , to be recovered by Bill , Plaint , or other Information , wherein no Essoigne , Protection , or other Wager in Law shall be admitted .

Provided alwayes , and be it Enacted , Proviso . That nothing herein contained shall be understood to prohibit the carrying or recarrying of any Letters or pacquets , to or from any Town or place , to or from the next respective Post-Road , or Stage appointed for that purpose ; But that every person shall have frée Liberty to send and imploy such persons as they shall think fit , for to carry the said Letters or Pacquets as aforesaid without any forfeiture or penalty therefore , Any thing contained in this Act to the contrary notwithstanding .

Proviso against carrying any pacquet out of England in any forreign vessels . Provided alwayes , That if the Pacquet or Maile shall be carryed out of England into any part beyond the Seas in any ship or Vessel which is not of English built and Navigated with English Seamen , That in every such case , the said post-Master General shall forfeit the sum of one hundred pounds Sterling ; The one moyety to his Majesty , His Heirs and Successors , and the other moyety to him or them who shall sue for the same , in any Court of Record , to be recovered by Bill , Plaint or other Information , wherein no Essoigne , Protection , or other Wager in Law shall be allowed .

Oaths of Allegiance and Supremacy . Provided also , and be it Enacted by the Authority aforesaid , That no person or persons shall be capable of having , using , or exercising the Office of post-Master General , or any other Imployment relating to the said Office , unless he or they shall first take the Oaths of Allegiance and Supremacy , before any two Iustices of the peace of the respective Counties wherein such person or persons are or shall be resident , which said Iustices are hereby Authorized to administer the said oaths accordingly .

Proviso . Truro . Penrin . Kendall . Lancaster . Penrith . Carlisle . Grimsby . Post-Master to continue constant posts . Provided also , and be it Enacted by the Authority aforesaid , That a Letter or pacquet-post shall twice every wéek come by the way of Truro and Penrin to the Town of Marketiew alias Marhasion in the County of Cornwall ; and once a wéek to Kendal by the way of Lancaster ; and to the Town of Penrith in Cumberland by the way of Newcastle and Carlisle ; and to the City of Lincoln , and the Burrough of Grimsby in the County of Lincoln , Any thing in this Act contained to the contrary thereof in any wise notwithstanding .

Provided also , and be it Enacted by the Authority aforesaid , That such post-master General to be from time to time appointed by his Majesty , His Heirs and Successors as aforesaid , shall continue constant posts for carriage of letters to all places , though they lye out of the post-roads , as hath béen used for the space of thrée years last past , at the rates herein before mentioned , under pain of forfeiture for every omission Five pounds , to be recovered by Action , Suit , or plaint , in any his Majesties Courts of Record , the one moyety to the use of his Majesty , the other moyety to the use of the Informer . And for the better management of the said post-Office , and that the people of these Kingdomes may have their intercourse of Commerce and trade the better maintained , and their Letters and advises conveyed , carried and recarried with the greatest spéed , security , and convenience that may be ;

Penalty for every omission . The Post-master , &c. to observe such orders as his Majesty shall make . Be it further Enacted , That the said post-Master General so nominated , appointed and constituted as aforesaid , and his Deputies , shall from time to time observe and follow such orders , rules , directions and instructions for and concerning the settlement of convenient posts and Stages upon the several roads in England , Scotland and Ireland , and other his Majesties Dominions , and the providing and kéeping of a sufficient number of horses at the said several Stages , as well for the carrying and conveying of the said letters and pacquets , as for the horsing of all thorow-posts and persons riding in post by warrant or otherwise as aforesaid , as his Majesty , his heirs and Successors , shall from time to time in that behalf make , and ordain ; And that his Majesty , his heirs and Successors may grant the said Office of post-master General , His Maiesty may grant the said office for life or years , not exceeding 25. years . together with the powers and Authorities thereunto belonging , and the several rates of portage above mentioned , and all profits , priviledges , fées , perquisites and emoluments thereunto belonging , or to belong , either for life or term of years , not excéeding one and twenty years , to such person or persons , and under such Covenants , conditions and yearly rents to his said Majesty , his Heirs and Successors , reserved , as his said Majesty , his heirs and Successors shall from time to time think fit for the best advantage and benefit of the Kingdom .

No horses to be seized without consent of the owners . Provided alwayes , and be it Enacted by the Authority aforesaid , That no person shall have power to take , use , or seize any horses for the service mentioned in this Act , without the consent of the owners thereof ; Any usage or pretence , or any thing in this Act contained to the contrary thereof in any wise notwithstanding .

Proviso for the rates of all In land letters . Provided alwayes , and be it Enacted by the Authority aforesaid , That all Inland Letters sent by any Pacquet Post established by this Act as aforesaid , do and shall pay the rates and prices before mentioned , at such Stage where they are last delivered only , unless the party that delivers the Letters desireth to pay elsewhere ; Any thing in this Act to the contrary notwithstanding . Provided alwayes , That all Letters , and other things , may be sent or conveyed to or from the Two Vniversities in manner as heretofore hath béen used ; Any thing herein to the contrary notwithstanding . Stat. 13 Car. 2. cap. 7.

CAP. XXXVI .

The Master of the Rolls for the time being , impowred to make Leases for years , in order to new build the old Houses belonging to the Rolls . Pr. St. 13 Car. 2. cap. 6.

CAP. XXXVII .

An Act for making the Precinct of Covent-Garden Parochial . PR.

Anno Regni Caroli II. Regis Angliae , Scotiae , Franciae , & Hiberniae , Decimo Tertio .

AT the Parliament begun and holden at Westminster the Eight day of May , Anno Dom. 1661. In the Thirteenth Year of the Reign of Our most Gracious Soveraign Lord , CHARLES the Second , by the Grace of God , of England , Scotland , France , and Ireland , King , Defender of the Faith , &c. And there continued until Tuesday the Thirtieth of July , 1661. and from that day the said Parliament was adjourned unto the Twentieth of November then next following ; To the pleasure of Almighty God , and to the Weal publick of this Realm , were Enacted as followeth :

CAP. I.

For Safety of His Majesties Person and Government , against Treasonable and Seditious Practices .

THe Lords and Commons assembled in Parliament déeply weighing and considering the miseries and calamities of well nigh twenty years , before your Majesties happy Return , The grounds and Inducements of this Act. and withall , reflecting upon the causes and occasions of so great and deplorable conclusions , do in all humility and thankfulness acknowledg Your Majesties incomparable Grace and Goodness to your People , in your Frée and General Pardon , Indempnity and Oblivion , by which your Majesty hath béen pleased to deliver your Subjects , not only from the punishment , but also from the reproach of their former miscarriages , which unexampled Piety and Clemency of Your Maiesty hath enflamed the hearts of us your Subjects with an ardent desire to express all possible zeal and duty in the care and preservation of your Majesties Person ( in whose Honour and Happiness consists the good and welfare of your People ) and in preventing ( as much as may be ) all Treasonable and Seditious Practices and Attempts for the time to come . And because the growth and encrease of the late Troubles and Disorders , did in a very great measure procéed from a multitude of Seditious Sermons , Pamphlets and Spéeches , daily preached , printed and published , Seditious Sermons , Pamphlets and Speeches . with a transcendent boldness defaming the Person and Government of Your Majesty and Your Royal Father , wherein men were too much encouraged , and ( above all ) from a wilful mistake of the Supream and lawful Authority , whilst men were forward to cry up and maintain those Orders and Ordinances , Oaths and Covenants , to be Acts Legal and Warrantable , which in themselves had not the least colour of Law or Iustice to support them ; from which kind of distempers , as the present age is not yet wholly fréed , so posterity may be apt to relapse into them , if a timely remedy be not provided . We therefore , the Lords and Commons in Parliament assembled , having duly considered the premisses , 13 El. cap. 1. and remembring that in the Thirtéenth year of the Reign of Quéen Elizabeth of ever blessed memory , a right good and profitable Law was made for preservation of her Majesties Person , Do most humbly beséech your most Excellent Majesty , that it may be Enacted , What shall be adjudged Treason during the life of the King . and be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords and Commons in this present Parliament assembled , and by Authority of the same , That if any person or persons whatsoever , after the Four and twentieth day of June , in the year of our Lord , One thousand six hundred sixty and one , during the natural life of our most Gracious Soveraign Lord the King , ( whom Almighty God preserve and bless with a long and prosperous Reign ) shall within the Realm , or without , compass , imagine , invent , devise , or intend death or destruction , or any bodily harm tending to death or destruction , maim or wounding , imprisonment , or restraint of the person of the same our Soveraign Lord the King , or to deprive or depose him from the Stile , Honour , or Kingly name of the Imperial Crown of this Realm , or of any other his Majesties Dominions or Countries , or to levy War against his Majesty within this Realm , or without , or to move , or stir any Forreiner or Strangers with Force to invade this Realm , or any other his Majesties Dominions or Countries being under his Majesties Obeysance : Being declared and proved by two witnesses . And such compassings , Imaginations , Inventions , Devices , or Intentions , or any of them , shall express , utter , or declare , by any Printing , Writing , Preaching , or Malicious and advised speaking , being legally convicted thereof upon the Oaths of two lawful and credible witnesses , upon tryal , Convicted by due course of Law . or otherwise convicted or attainted by due course of Law , then every such person and persons so as aforesaid offending , shall be déemed , declared , and adjudged to be Traytors , and shall suffer pains of death , and also lose and forfeit as in cases of High Treason . Offences ( during his Majesties life ) which disable persons to bear any Office .

And be it further Enacted by the Authority aforesaid , That if any person or persons at any time after the Four and twentieth day of June , in the year of our Lord , One thousand six hundred sixty and one , during his Majesties life , shall maliciously and advisedly publish or affirm the King to be an Heretick or a Papist , or that he endeavours to introduce Popery ; or shall maliciously and advisedly , by writing , printing , preaching or other speaking , express , publish , utter , or declare any words , sentences , or other thing or things , to incite or stir up the people to hatred or dislike of the Person of his Majesty , or the established Government , then every such person and persons , being thereof Legally convicted , shall be disabled to have or enjoy , and is hereby disabled and made incapable of having , holding , enjoying , or exercising any place , office , or promotion Ecclesiastical , Peerage . Civil or Military , or any other imployment in Church or State , other then that of his Péerage , and shall likewise be lyable to such further and other punishments as by the Common Laws or Statutes of this Realm may be inflicted in such cases . Stat. 17 Car. 1. cap. 7. The Parliament begun 3. of No. 1640. not in being . Stat. 13 Car. 2. cap. 1. And to the end that no man hereafter may be misled into any seditious or unquiet demeanor , out of an opinion that the Parliament begun and held at Westminster , upon the third day of November , in the year of Our Lord , One thousand six hundred and forty , is yet in being , which is undoubtedly dissolved and determined , and so is hereby declared and adjudged to be fully dissolved and determined ; or out of an opinion that there lies any obligation upon him from any Oath , Covenant or Engagement whatsoever , No Legislative power in either or both Houses of Parliament without the King . to endeavour a change of Government , either in Church or State ; or out of an Opinion , that both Houses of Parliament , or either of them , have a Legislative Power without the King ; All which Assertions have béen seditiously maintained in some Pamphlets lately Printed , and are daily promoted by the active enemies of our Peace and Happiness :

Be it therefore further Enacted by the Authority aforesaid , That if any person or persons , at any time after the Four and twentieth day of June , in the year of our Lord , One thousand six hundred sixty and one , shall malitiously and advisedly , by writing , Printing , Preaching , or other speaking , express , publish , utter , declare or affirm , That the Parliament begun at Westminster upon the Third day of November , in the year of our Lord , One thousand six hundred and Forty , is not yet dissolved , or is not determined , or that it ought to be in being , or hath yet any continuance or existence , or that there lies any Obligation upon him , or any other person , from any Oath , Covenant or Engagement whatsoever , to endeavour a change of Government , either in Church or State , or that both Houses of Parliament , or either House of Parliament , have , or hath a Legislative Power without the King , Premunire . or any other words to the same effect ; That then every such person and persons so as aforesaid offending , shall incur the danger and penalty of a Premunire mentioned in a Statute made in the Sixtéenth year of the Reign of King Richard the Second .

The Solemn League and Covenant unlawful , and illegally imposed .

Certain Orders and Ordinances of both or either Houses of Parliament declared void . Proviso , the said Orders , &c. may be made use of according to the Act of Indempnity . Stat. 12 Car. 2. cap. 11.

And it is hereby also declared , That the Oath usually called the Solemn League and Covenant , was in it self an unlawfull Oath , and imposed upon the Subjects of this Realm against the Fundamental Laws and Liberties of this Kingdom , and that all Orders and Ordinances , or pretended Orders and Ordinances , of both or either Houses of Parliament , for imposing of Oaths , Covenants or Engagements , Levying of Taxes , or Raising of Forces and Arms , to which the Royal assent , either in Person or by Commission , was not expresly had or given , were in their first creation and making , and still are , and so shall be taken to be , null and void to all intents and purposes whatsoever . Provided nevertheless , That all and every person and persons , Bodies Politick and Corporate , who have béen , or shall at any time hereafter be questioned for any thing acted or done by colour of any the orders or Ordinances herein before mentioned and declared to be null and voyd , and are Indempnified by an Act entituled An Act of free and General Pardon Indempnity and Oblivion , made in the Twelfth year of His Majesties Reign that now is , or shall be Indempnified by an● Act of Parliament , shall and may make such use of the said Orders and Ordinances for their Indempnity according to the true intent and meaning of the said Act , and no other , as he or they might have done if this Act had not béen made , any thing in this Act contained to the contrary notwithstanding .

No person to be prosecuted for any offences in this Act ( other then Treason ( unless by special order from his Majesty : And within six moneths after the offence committed .

Treasons and offences within this Act to be proved by two witnesses viva v●●●

Provided alwayes , That no person be prosecuted for any of the offences in this Act mentioned ( other then such as are made and declared to be high Treason ) unless it be by Order of the Kings Majesty , his Heirs or Successors , under his or their Sign Manual , or by Order of the Council Table of his Majesty , his Heirs or Successors , directed unto the Attorney-General for the time being , or some other of the Council learned to his Majesty , his Heirs or Successors , for the time being ; nor shall any person or persons by vertue of this present Act incur any of the penalties herein before mentioned , unless he or they be prosecuted within six moneths next after the Offence committed , and indicted thereupon within thrée moneths after such prosecution , any thing herein contained to the contrary notwithstanding .

Provided alwayes , and be it Enacted , That no person or persons shall be indicted , arraigned , condemned , convicted or attainted for any of the Treasons , or Offences aforesaid , unless the same Offender or Offenders be thereof accused by the Testimony and deposition of two lawful and credible Witnesses upon Oath , which witnesses at the time of the said Offender or Offenders arraignment , shall be brought in person before him or them face to face , and shall openly avow and maintain upon Oath what they have to say against him or them concerning the Treason or Offences contained in the said Indictment , unless the party or parties arraigned shall willingly without violence confess the same .

Proviso , for the Priviledg at Debates in Parliament . For repeal or alteration of Laws , or redressing publick Grievances . Provided likewise , and be it Enacted , That this Act or any thing therein contained , shall not extend to deprive either of the Houses of Parliament , or any of their Members , of their just ancient Fréedom and Priviledg of debating any matters or business , which shall be propounded or debated in either of the said Houses , or at any Conferences or Committées of both or either of the said Houses of Parliament , or touching the repeal or alteration of any old , or preparing any new Laws , or the redressing of any publick Grievance ; but that the said Members of either of the said Houses , and the Assistants of the House of Péers , and every of them , shall have the same fréedom of spéech , and all other Priviledges whatsoever , as they had before the making of this Act ; any thing in this Act to the contrary thereof in any wise notwithstanding .

Provided alwayes , and be it Ordained and Enacted , Proviso , for Peerage and Peers . That no Péer of this Realm shall be tryed for any offence against this Act , but by his Péers ; And further , That every Péer who shall be convicted of any offence against this Act , after such conviction , be disabled during his life to sit in Parliament , unless his Majesty shall graciously be pleased to pardon him . And if his Majesty shall grant his pardon to any Péer of this Realm , or Commoner , convicted of any offence against this Act , after such Pardon granted , the Péer or Commoner so pardoned shall be restored to all intents and purposes , as if he had never béen convicted ; any thing in this Law to the contrary in any wise notwithstanding .

CAP. II.

An Act of Parliament , Entituled , An Act for dis-enabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority , Repealed .

WHereas at the Parliament begun at Westminster , the Third day of November , in the Sixtéenth year of the Reign of our late Sovereign Lord King Charles of blessed memory , since deceased , an Act of Parliament was made , Entituled , An Act for dis-enabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority ; Stat. 17 Car. 1. cap. 27. Rep. Which Act hath made several alterations prejudicial to the constitution and ancient Rights of Parliament , and contrary to the Laws of this Land , and is by experience found otherwise inconvenient ; Be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords and Commons in this present Parliament assembled , and by the Authority of the same , That the said Act , Entituled , An Act for dis-enabling all persons in holy Orders to exercise any Temporal Jurisdiction or Authority , and every clause , matter and thing therein contained , shall be , and is hereby from henceforth repealed , annulled , and made void to all intents and purposes whatsoever .

CAP. III.

All such Monies , Goods , and other things which were Received , Levied , or Collected in these late Times , and are remaining in the hands or possession of any Treasurers , Receivers , Collectors , or others not pardoned by the Act of Oblivion , declared to be Vested and setled in His Majesty .

WHereas divers Doubts have béen made , whether or no the Monies , Goods , Chattels , and other things excepted to be accounted for in the Act of Frée and General Pardon , Indempnity and Oblivion , made and passed in the Parliament begun at Westminster the Five and twentieth day of April , in the Twelfth year of your Majesties Raign , do belong unto , and of right are in your Majesty ; for that the same were not levied , received , collected , or taken by your Majesties Authority , or to your Majesties use : For remedy , and clearing whereof , Goods and Monies levied since the 30. of Ian. 1642. and not pardoned , are vested in his Majesty . We the Lords and Commons assembled in Parliament humbly beséech your Majesty , that it may be Enacted , and be it Declared , Enacted , and Ordained by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords and Commons assembled in Parliament , and by the Authority thereof , That all and every sum and sums of Money , Goods , Plate , Iewels , Horses , Arms , Ammunition , and other things whatsoever , levied , received , or taken sithence the Thirtieth of January , One thousand six hundred forty two , by any of the late pretended Authorities , or by pretence or colour of any Power or Authority , derived or pretended to be derived from them , or any of them , for any publick use , which are not pardoned by the said Act , which are not otherwise vested and setled in the Kings Majesty , and all Bonds , Obligations , Stat. 12 Car. 2. cap. 11. and other Securities entred into for the same , or any part thereof , be and are hereby vested and setled in the Kings Majesty , his Heirs and Successors ; and that his Sacred Majesty , his Heirs and Successors , may from time to time , and at all times hereafter have , demand , sue for , and recover the same of all , and every person and persons , their Heirs , Executors , and Administrators who are accountable for the same , or in whose hands or possessions soever the same were or are , as if the same had béen levied , received , collected , or taken in his Majesties Name by Authority from his Majesty , or to his Majesties use , any Law , or Statute , Vsage , or Custom to the contrary in any wise notwithstanding .

And be it further Enacted by the Authority aforesaid , That all and every person or persons which have received any the aforesaid sum or sums of money from any Treasurer or Receiver for any publick use , by way of Imprest , to be accounted for , which are not pardoned or discharged by the aforesaid Act , shall be liable to account , and called to account in such manner and form , as if they had received the same out of his Majesties Exchequer , or any other publick Treasury ; The Revenues of the Churches in Wales . and particularly those persons that have received or collected the Revenues of any Churches , or Vicarages in Wales , or in the County of Monmouth , since the year of our Lord , One thousand six hundred forty eight ; Provided they have all due allowances in their accounts , as all such persons whose accounts are excepted in the Act of Oblivion , have or ought to have .

And to the end his Majesty may be the better enabled to discover , Commissions for discovery . and sue for all such Monies , Goods , and other things invested in his Maiesty by this Act ; it is further ordained and Enacted by the Authority aforesaid , That His Majesty , His Heirs and Successors , shall and may from time to time issue forth such , and so many Commissions , to such , and so many persons , as his Majesty shall think fit , either under the great Seal of England , or the Seal of his Majesties Exchequer , for the better discovering , levying , receiving , and discharging the same .

Persons accountable enabled to sue for and levy all arrears . And be it further Enacted by the Authority aforesaid , That all persons accountable to his Majesty by this Act , shall have full power and Authority , and are hereby enabled to sue for , Levy , and recover from the parties from whom the same was , and is due , and for which they are hereby accomptable , all sums of Money and Arrears , in such manner and form as they might have recovered and levyed the same when they first grew due ; Provided this Act or any thing therein contained , shall not extend to call any person to account , or to question any person for Goods or other things remaining in his hands which shall not be called to account , Proviso , none to be questioned but upon some prosecution begun before the 24 of Iune 1662. or some Information against him , either in the Exchequer , or Commissioners to be appointed as aforesaid , before the four and twentieth of June , which shall be in the year of our Lord one thousand six hundred sixty two ; and that the said Information be prosecuted with effect within twelve moneths after the Exhibition thereof .

CAP. IV.

An Act for a free and Voluntary present to his Majesty . EXP.

Proviso , declaring no commissions of this nature but by authority of Parliament . ANd be it hereby Declared , That no Commissions or Aids of this nature can be issued out or levied , but by Authority of Parliament ; And that this Act and supply hereby granted , shall not be drawn into example for the time to come . 1 R. 3. ca. 2.

CAPr V.

For preventing Tumults , and Disorders , upon pretence of preparing or presenting publick Petitions , or other Addresses , to his Majesty , or the Parliament .

Tumultuous and disorderly preparing petitions a great occasion of the late wars and calamities . VVHereas it hath béen found by sad experience , that Tumultuous , and other Disorderly solliciting , and procuring of Hands by private Persons to Petitions , Complaints , Remonstrances , and Declarations , and other Addresses to the King , or to both , or either Houses of Parliament , for alteration of matters established by Law , redress of pretended grievances in Church or State , or other publick Concernments , have béen made use of to serve the ends of Factious and Seditious persons gotten into power , to the violation of the publick Peace , and have béen a great means of the late unhappy Wars , Confusions , and Calamities in this Nation ; for preventing the like mischief for the future ;

No person after the 1 Aug. 1661. shall sollicite or procure any petition , &c. for altering any established law in Church or state . Be it Enacted by the Kings most Excellent Maiesty , by and with the consent of the Lords and Commons Assembled in Parliament , and by the Authority of the same , That no person or persons whatsoever , shall from and after the first of August , One thousand six hundred sixty and one , Sollicite , Labour , or procure the getting of Hands , or other Consent of any persons above the number of twenty , or more , to any Petition , Complaint , Remonstrance , Declaration , or other Address to the King , or both , or either Houses of Parliament , for alteration of matters established by Law in Church or State , unless the matter thereof have béen first consented unto , and Ordered by thrée or more Iustices of the County , or by the Major part of the Grand Iury of the County , or division of the County where the same matter shall arise at their publick Assizes , or General Quarter Sessions , or if arising in London , by the Lord Mayor , Aldermen , and Commons in Common Councel assembled ; And that no person or persons whatsoever shall repair to his Majesty , or both or either of the Houses of Parliament , upon pretence of presenting , or delivering any Petition , Complaint , Remonstrance or Declaration , or other Addresses accompanied with excessive number of People , nor at any one time with above the number of Ten persons , upon pain of incurring a penalty , not excéeding the sum of one hundred pounds in money , and thrée moneths Imprisonment without Bail or Mainprize for every offence , to be prosecuted at the Court of Kings Bench , or at the Assizes , or General Quarter Sessions within six moneths after the offence committed , and proved by two or more credible witnesses .

Proviso . Provided alwayes , that this Act , or any thing therein contained , shall not be construed to extend , to debar or hinder any person or persons , not excéeding the number of Ten aforesaid , to present any publick or private Grievance or Complaint to any Member or Members of Parliament after this Election , and during the continuance of the Parliament , or to the Kings Majesty , for any Remedy to be thereupon had ; nor to extend to any Address whatsoever to his Majesty , by all or any of the Members of both or either Houses of Parliament , during the sitting of Parliament , but that they may enjoy their fréedom of Access to his Majesty , as heretofore hath béen used .

CAP. VI.

The Militia declared to be in the King ; and for the present Ordering and Disposing the same .

The command of the Militia by Sea and land , the undoubted right of his Majesty . FOrasmuch as within all His Majesties Realms and Dominions , the sole Supream Government , Command , and Disposition of the Militia , and all Forces by Sea and Land , and of all Forts and Places of strength , is , and by the Laws of England ever was the undoubted Right of His Majesty , and his Royal Predecessors , Kings and Quéens of England ; and that both , or either of the Houses of Parliament cannot , nor ought to pretend to the same ; nor can , nor lawfully may raise , or levy any War Offensive or Defensive against His Majesty , his Heirs or lawful Successors ; and yet the contrary thereof hath of late years béen practised almost to the Ruine and Destruction of this Kingdom ; and during the late usurped Governments , many evil and Rebellious Principles have béen distilled into the minds of the People of this Kingdom , which unless prevented , may break forth to the disturbance of the Peace and Quiet thereof .

And whereas an Act is under consideration for exercising the Militia , An Act under consideration touching the Militia . with most safety and case to the King and his People , which Act cannot as yet be perfect ; Be it therefore Enacted by the Kings most Excellent Majesty , by , and with the Advice and Consent of the Lords and Commons assembled in Parliament , That the Militia and Land-Forces of this Kingdgom , and of the Dominion of Wales , and Town of Berwick upon Tweed , now under the Power of Lieutenants or their Deputies , shall be exercised , ordered , and managed until the Five and twentieth day of March next ensuing , in such manner as the same now is actually exercised , ordered , and managed , according to such Commissions and Instructions as they formerly have , or from time to time shall receive from his Majesty .

And whereas since the Twenty fourth of June , One thousand six hundred and sixty , there have béen Insurrections , by occasion whereof divers of his Majesties good Subjects have béen murthered ; and for the securing the Peace of the Nation , and preventing further disorders , divers persons suspected to be Fanaticks , Sectaries , or Disturbers of the Peace , have béen Assaulted , Arrested , Detained or Imprisoned , and divers Arms have béen seised , and Houses searched for Arms , or suspected persons ; Be it therefore further Enacted by the Authority aforesaid , That all and every person and persons , who have or shall have acted , Persons who have Acted by commission of Lieutenancy . or done any thing in execution of any Commission or Commissions of Lieutenancy , issued by the Kings Majesty that now is , or by colour of them , or any of them , touching or concerning the same , or any of them , or relating thereunto , shall be and are hereby saved harmless and indempnified in this behalf : And also all Magistrates , Iustices of the Peace , Officers and Ministers of Iustice , and all persons that have or shall have acted by or under them , or by their or any of their Commands , since the said Twenty fourth day of June , One thousand six hundred and sixty , until the twentieth day of July , One thousand six hundred sixty and one , as to any assaulting , arresting , detaining , or imprisoning any person suspected to be Fanatick , Sectary , or Disturber of the Peace , or seising of Arms , or searching of Houses for Arms , or for suspected persons , shall be , and are hereby saved harmless , and indempnified in that behalf .

Provided , That neither this Act , nor any thing therein contained , Proviso . shall after the Five and twentieth of March next , be prejudicial to any County , City , or Place within this Kingdom , which are overcharged with Men and Arms beyond their ancient proportion .

Provided , That neither this Act , nor any matter or thing therein contained , shall be déemed , construed , or taken to extend to the giving or declaring of any Power for the transporting of any the Subjects of this Realm , or any way compelling them to march out of this Kingdom , otherwise then by the Laws of England ought to be done :

Provided , That no person whatsoever shall be capable of acting as a Lieutenant , No person may be Lieutenant or Deputy Lieutenant that hath not taken the Oaths of Allegiance and supremacy . or Deputy-Lieutenant , or other Officer or Souldier , by Vertue of this Act , who hath not already taken the Oaths of Allegiance and Supremacy , since the Return of his Majesty into England , until he shall take the same according to the Laws and Statutes of this Kingdome : Which Oaths the Lords of His Privy Council , or any six of them , are hereby impowred to administer to any Péer of this Realm , who shall be Commissionated by Vertue of this Act ; and the Deputy-Lieutenants , or any two of them , in their respective Counties , to any Commoner . 14 Car. 2. cap. 3. & 8. 15 Car. 2. cap. 4. Stat. 3.

CAP. VII .

Publick Acts Confirmed .

WHereas during the late Difficulties and Exigencies of Affairs in the absence of His most Excellent Majesty , and in reference to his Return from beyond the Seas into these His Majesties Dominions , The Lords and Commons being assembled at Westminster , the Five and twentieth day of April , in the Twelfth Year of his Majesties Reign , were from thence , and after his Majesties Return , continued until the Nine and twentieth day of December , then next following , and now last past , and then Dissolved by his Majesty : In which time several Acts were Passed by his Majesty , by and with the Advice and Consent of the Lords and Commons Assembled , as aforesaid , which being of necessary use , are fit to be Continued and Confirmed , although the manner of the said Assembling enforced by the Difficulties and Exigencies aforesaid , which then lay upon the Nation , is not to be drawn into Example ; Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament Assembled , and the Authority of the same , That all and singular the Acts , made , or mentioned to be made by His said Majesty , by and with the Advice and Consent of the Lords and Commons upon or since the said Five and twentieth day of April , herein after particularly mentioned and expressed , That is to say , One Act Entituled , Stat. 12. Car. 2. cap. 11. Stat. 12. Car. 2. cap. 4. Stat. 12 Car. 2. cap. 5. Stat. 12 Car. 2. cap. 8. Stat. 12 Car. 2. cap. 9. Stat. 12 Car. 2. cap. 12. Stat. 12 Car. 2. cap. 15. Stat. 12 Car. 2. cap. 10. Stat. 12 Car. 2. cap. 19. Stat. 12 Car. 2. cap. 20. Stat 12 Car. 2. cap. 23. Stat. 12 Car. 2. cap. 24. Stat. 12 Car. 2. cap. 25. Stat. 12 Car. 2. cap. 26. Stat. 12 Car. 2. cap. 27. An Act of Free and General Pardon , Indempnity and Oblivion : One other Act Entituled , A Subsidy granted to the King of Tunnage and Poundage , and other Sums of Money payable upon Merchandize Exported and Imported : One other Act Entituled , An Act for continuing the Excise until the Twentieth of August One thousand six hundred and sixty : One other Act Entituled , An Act for Continuing the Excise till the Five and twentieth Day of December One thousand six hundred and sixty : One other Act Entituled , An Act for the speedy Provision of Money , for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea : One other Act Entituled , An Act for Confirmation of Judicial Proceedings : One other Act Entituled , An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom : One other Act Entituled , An Act for Supplying and Explaining certain Defects in an Act Entituled , An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea : One other Act Entituled , An Act to prevent Frauds and Concealments of His Majesties Customs and Subsidies : One other Act entituled , An Act for Raising Sevenscore Thousand Pounds for the compleat Disbanding of the whole Army , and Paying off some part of the Navy : One other Act entituled , A Grant of certain Impositions upon Beer , Ale , and other Liquors , for the Increase of His Majesties Revenue during his Life : One other Act entituled , An Act for taking away the Court of Wards and Liveries , and Tenures in Capite , and by Knights Service , and Purveyance , and for Setling a Revenue upon his Majestie in lieu thereof : One other Act entituled , An Act for the better Ordering the Selling of Wines by Retail , and for preventing Abuses in the mingling , corrupting , and vitiating of Wines , and for setting and limiting the Prices of the same : One other Act Entituled , An Act for the Levying of the Arrears of the Twelve Moneths Assessment commencing the Four and Twentieth day of June , One Thousand Six Hundred Fifty and Nine : and the Six Moneths Assessment commencing the Five and Twentieth of December , One Thousand Six Hundred Fifty and Nine : One other Act entituled , An Act for Granting unto the Kings Majesty Four Hundred and Twenty Thousand Pounds , by an Assessment of Threescore and Ten Thousand Pounds by the Moneth , for Six Moneths , for Disbanding the Remainder of the Army , and Paying off the Navy : Stat. 12 Car. 2. cap. 28. Stat. 12 Car. 2. cap. 29. Stat. 12 Car. 2. cap. 30. S●at 12 Car. 2. cap. 35. Stat. 12 Car. 2. cap. 2. One other Act entituled , An Act for the further Supplying and Explaining certain Defects in an Act Entituled , An Act for the speedy Provision of money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea : One other Act entituled , An Act for the Raising of Seventy Thousand Pounds for the further Supply of His Majesty : One other Act entituled , An Act for the Attainder of several Persons guilty of the Horrid Murder of his late Sacred Majesty , King CHARLES the First : One other Act Entituled , An Act for Erecting and Establishing a Post-Office : One other Act entituled , An Act for putting in Execution an Ordinance mentioned in th●s Act ; and all and every the Clauses , Sentences , and Articles in them , and every of them contained , shall be , and hereby are Ratified , and Confirmed , and Enacted , and Declared to have the full Force and Strength of Acts of Parliament according to the tenor or purport thereof , and so shall be adiudged , déemed , and taken to all Intents and Purposes whatsoever , and as if the same had béen made , declared , and Enacted by Authority of this present Parliament .

CAP. VIII .

Necessary Carriages to be provided for His Majesty in his Royal Progress and Removals .

Stat. 12 Car. 2. cap. 24. WHereas by an Act made in Parliament in the Twelfth year of His Majesties Reign , Entituled , An Act for taking away the Court of Wards , and Liveries , and Tenures in Capite and by Knights Service , and Purveyance , and for setling a Revenue upon His Majesty in lieu thereof : It was ( amongst other Things ) Enacted for the Reasons and Recompence therein expressed , That from thenceforth no person or persons , by any Warrant , Commission , or Authority under the Great Seal , or otherwise , by colour of buying , or making Provision , or Purveyance for his Majesty , or any Quéen of England for the time being , or of any the Children of any King , or Quéen of England , that shall be , or for his , their , or any of their Houshold , shall take any Cart , Carriage , or other thing whatsoever of any of the Subjects of His Majesty , his Heirs , or Successors , without the frée and full consent of the Owner , or Owners thereof , had , and obtained without Menace , or enforcement , nor shall summon , warn , take , use , or require any the said Subjects to furnish or find any Horses , Oxen , or other Cattel , Carts , Ploughs , Wayns , or other Carriages , for the use of his Majesty , his Heirs or Successors , or of any Quéen of England , or of any Child , or Children of any the Kings , or Quéens of England for the time being , for the Carrying the Goods of his Majesty , his Heirs or Successors , or the said Quéens , or Children , or any of them , without such full and frée consent , as aforesaid , any Law , Statute , Custome , or Vsage to the contrary notwithstanding ; which Act may prove very prejudicial and inconvenient to the Kings Majesty in his Royal Progresses upon his necessary occasions to several parts of this Realm , in case any person or persons shall obstinately refuse voluntarily to provide sufficient Carriages for Royal service at ordinary and usual Rates for such Carriages , as are paid by others of his Subjects in such places , contrary to the true intent and meaning of the said Act. Clerk or chief Officer of his Maj●sties carriages , by Warrant from the Green-cloath to provide Carts , &c. for his Majesties use .

Be it therefore Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords and Commons in this present Parliament assembled , That the Clark , or chief Officer of his Majesties Carriages , shall thrée dayes at least before his Majesties Arrival , by Warrant from the Gréen cloth , give notice in writing to two , or more of his Majesties Iustices of the Peace next adjoyning , to provide such a number of Carts and Carriages from the places next adjacent , as His Majesty shall have present use of , expressing the certainty of that number , as also the time and place , when and where the said Carts and Carriages are to attend , which Carriages shall consist of four able Horses , or six Oxen , or four Oxen , and two Horses ; for each of which Cart or Carriage , Penalty for refusing to furnish his Majesty . the respective Owners shall receive six pence for each Mile they shall go laden . And that in case any of his Majesties Subjects of this Realm shall refuse to provide and furnish His Majesty that now is , or His Quéen that shall be , or His or Her Houshold , in their Progress , or removals , with such sufficient and necessary carriages for their Wardrobe , and other necessaries , for ready monies tendred to them ; or shall without just and reasonable cause refuse to make their appearance with such sufficient Carts and Carr●●ges , as are before exprest ; that then upon due proof and conviction of such neglect and refusal , by the Oath of the Constable or other Officer , or two other credible Witnesses , before the said Iustices of the Peace of the County , or Mayor , or other chief Officer of the City , or Corporation , where he or they inhabit , ( which Oath they shall have power to administer ) the party so refusing shall for such his refusal and neglect forfeit the sum of Forty shillings to the King's use , to be forthwith levied by distress and sale of his Goods and Chattels ( rendring to the parties the overplus upon every such sale , if there shall be any ) by Warrant from the said Iustices of the Peace , Mayor , or other chief Officer .

Provided alwayes , That no Horses , Oxen , Cart or Wain , No horses or carriages to travel above a dayes journey , nor without pay of ready money . shall be enforced to travel above one dayes journey from the place where they receive their Lading ; and that ready payment shall be made in hand for the said Carriages at the place of Lading , without delay , according to the aforesaid Rates . And in case any Iustice of the Peace , Mayor , chief Officer , or Constable , shall take any Gift or Reward to spare any person or persons from making such Carriage ; or shall injuriously charge or grieve any person through envy , hatred , or evill will , who ought not to make such Carriage , or shall Impress more Carriages then he shall be directed from the Gréen Cloth to do , That then upon due proof and conviction thereof , the party so offending shall forfeit the sum of Ten pounds to the party thereby grieved , or any other who shall sue for the same , to be recovered by Action of Debt in any of his Majesties Courts of Record ; wherein no Protection , Essoin , Penalty for wrongfull charging any person . or Wager of Law shall be allowed : And in case any person or persons shall presume to take upon him or them to Impress any horses , Oxen , cart , wain , or carriages for his Majesties service , other then the person so impowered , then he or they so offending , shall , upon due conviction of the said offence , incur and suffer the punishment contained in the first recited Act.

And whereas of late in his Majesties Progresses , excessive Rates and Prices have béen exacted from his Maiesties servants for lodging , horse-meat , stable-room , and other accomodations ; Rates for horse-meat and diet for his Majesties Servants . Be it therefore Enacted by the Authority aforesaid , That none of his Majesties said Servants shall be compelled to pay above one shilling by the night for every bed that they shall use for their servants : And that in all such houses where any of his Majesties said servants shall pay for their dyet , or for hay and provender for their horses , convenient lodging shall be provided for themselves and their Servants , without paying any thing for the same .

And be it further Enacted by the Authority aforesaid , Rates & Prices to be set down by two Iustices of the Peace . that any two or more of the Iustices of the Peace near adjoyning to the Road through which his Majesty is to pass , shall immediately after notice in writing from the said Gréen Cloth , and Avenor , under their hands and seals set down and appoint such reasonable Rates and Prices to be paid during his Majesties abode there , both for hay & oats , and other accomodations for horses , as they in their discretion shall think méet ; which Rates , one day at the least before his Majesties coming to such place , the said Iustices shall cause to be proclaimed in the Market Town next to such place , Penalty for taking more then limited for lodging , &c. and in such of the Neighbouring Towns and Villages as to them shall séem méet , to the end that notice may be taken of such Rates and Prices . And if any person shall take any other sum then what is , or shall be so limited , either for Lodging , Horse-meat , Stable-room , or other such accomodations , and be thereof convicted by confession of the party , or by the Oath of one credible witness , before any one Iustice of the Peace ( which Oath the said Iustice of the Peace is hereby authorized to administer ) That then in such case every person so offending , shall forfeit , and pay to the party grieved , the sum of Forty shillings ; the same to be levied by distress by Warrant from the said Iustice of the Peace , and sale thereof , returning the overplus to the party ( the charge of the distraining being first deducted : ) This Act to have continuance till the end of the first Session of the next Parliament , and no longer .

CAP. IX .

Articles and Orders for the regulating and better Government of His Majesties Navies , Ships of War , and Forces by Sea .

FOr the regulating and better Government of his Majesties Navies , Ships of War , and Forces by Sea ; wherein under the good Providence and Protection of God , the Wealth , Safety , and Strength of this Kingdom is so much concerned , Articles to be observed . Be it Enacted by the Kings most Excellent Majesty , with the advice and consent of the Lords and Commons in this present Parliament assembled , and by the Authority thereof , That all and every the Articles and Orders in this Act mentioned , shall be duely and respectively put in Execution , observed , and obeyed in manner hereafter mentioned .

The publick Worship of God . THat all Commanders , Captains , and other Officers at Sea , shall cause the publick Worship of Almighty God according to the Liturgy of the Church of England , established by Law , to be solemnly , orderly , and reverently performed in their respective Ships : And that prayers and preachings by the respective Chaplains , in holy Orders , of the respective Ships , be performed diligently ; and that the Lords Day be observed according to Law .

II.

Swearing , Drunkenness , &c. Every person and persons in his Majesties pay , using unlawful and rash Oaths , Cursings , Execrations , Drunkenness , Vncleanness , or other Scandalous Actions in derogation of Gods Honour , and corruption of good manners , shall be punished by Fine , Imprisonment , or otherwise , as the Court-Martial shall think fit .

III.

Holding any forreign Intelligence . If any Officer , Mariner , Souldier , or other person in the Fléet , shall give , hold , or entertain Intelligence , to , or with any King , Prince , or State , being Enemy to , or any persons in Rebellion against his Majesty , his Heirs and Successors , without direction or leave from the Kings Majesty , the Lord High Admiral , Vice-Admiral , or Commander in Chief of any Squadron , every such person or persons so offending , shall be punished with death .

IV.

Letters or Messages from any forreign Prince , &c. Enemy to the King . If any Letter or Message from any King , Forrein Prince , State , or Potentate , being an Enemy to the Kings Majestie , his Heirs and Successors , or on their behalf , be conveyed to any Inferiour Officer , Mariner , or Souldier , or other in the Fléet , and the said Officer , Mariner , Souldier , or other as aforesaid , do not within twelve hours ( having opportunity so to do ) acquaint the Superiour Commander with it ; or if a Superiour Officer , or Mariner , being acquainted therewith by an Inferiour Officer , Mariner , or other , or himself in his own person , receiving a letter or message from any such Enemy or Rebel , and shall not in convenient time reveal the same to the Admiral , Vice-Admiral , or the Commander of the Squadron , every such person shall be punished with death , or such other punishment as the Court-Martial shall think fit .

Relieving of any Enemy . No person or persons of the Fléet shall relieve an Enemy or Rebel , in time of War , with money , Victuals , Powder , Shot , Arms , Ammunition , or any other Supplies whatsoever , directly or indirectly , upon pain of death , or such other punishment as the Court-Martial shall think fit to impose .

VI.

Papers , Charter-Parties , &c. taken in any Ship seised as Prize . All the Papers , Charter-Parties , Bills of Lading , Pasports , and other Writings whatsoever , that shall be taken , seized , or found aboard any Ship or Ships which shall be surprised , or seised as Prize , shall be duly preserved , and not torn , nor made away , but the very Originals sent up intirely , and without fraud , to the Court of Admiralty , or such other Commissioners as shall be appointed for that purpose ; there to be viewed , made use of , and procéeded upon according to Law , upon pain of loss of all the shares of the Takers , and such further punishment to be inflicted upon the Offenders therein , as the quality of their offence and misdemeanor shall be found to deserve , and the Court-Martial shall impose .

VII .

Prize , Ships or Goods seised for prize . None in his Majesties pay shall take out of any Prize , or Ship , or Goods seized on for Prize , any Money , Plate , Goods , Lading or Tackle , before Iudgment thereof first past in the Admiralty Court , but the full and intire accompt of the whole , without imbezelment , shall be brought in , and Iudgment past intirely upon the whole , without fraud , upon pain of such punishment as shall be imposed by a Court-Martial , or the Court of Admiralty ; excepting , That it shall be lawful for all Captains , Sea-men , Souldiers , and others , serving as aforesaid , to take and to have to themselves as Pillage , without further or other accompt to be given for the same , all such Goods and Merchandizes ( other then Arms , Ammunition , Tackle , Furniture , or Stores of such Ship ) as shall be found by them , or any of them , in any Ship ( they shall take in fight or prize ) upon or above the Gun-deck of the said Ship , and not otherwise .

VIII .

Imbezeling any Cables , Anchors , &c. None shall imbezle , steal , or take away any Cables , Anchors , Sails , or any of the Ships Furniture , or any of the Powder , or Arms , or Ammunition of the Ship , upon pain of death , or other punishment , as the quality of the offence shall be found by a Court-Martial to deserve .

IX .

Forrein ships taken as prize not making resistance . If any Forrein Ship or Vessel shall be taken as prize , that shall not fight or make resistance , that in that case , none of the Captains , Masters or Mariners , being Forreiners , shall be stripped of their Clothes , or in any sort pillaged , beaten , or evil entreated , upon pain , That the person or persons so offending , shall forfeit double Damages ; but the said Forrein Ships , and all the Goods so taken , shall be preserved intire to receive Iudgment in the Admiralty Court , according to Right and Iustice .

Every Captain or Commander , who upon signal or order of fight , or view , The duty of Captains , &c. upon signal of fight . or sight of any Ships of the Enemy , Pyrate , or Rebel , or likelihood of Engagement , shall not put all things in his Ship in a fit posture for fight , and shall not in his own person , and according to his place , hearten and encourage the inferiour Officers and common men to fight couragiously , and not to behave themselves faintly , shall be cashiered : And if he or they shall yield to the Enemy , Pyrate , Not to yield or cry for quarter . or Rebels , or cry for quarter , he or they so doing shall suffer the pains of death , or such other punishment as the offence shall deserve .

XI .

Every Captain , Commander , and other Officer , Sea-men , or Souldier of any Ship , All Officers shall observe the commands of the Admiral . Frigot or Vessel of War , shall duly observe the Commands of the Admiral , or other his Superiour or Commander of any Squadron , as well for the Assailing or Setting upon any Fléet , Squadron , or Ships of the Enemy , Pyrate , or Rebels , or joyning Battel with them , or making defence against them , as all other the Commands of the Admiral , or other his Superiour Commander , upon pain to suffer death or other punishment as the quality of his neglect or offence shall deserve .

XII .

Every Captain , and all other Officers , Mariners , and Souldiers of every Ship , Frigot , Officers that in time of fight shall withdraw , or not fight . or Vessel of War , that shall in time of any fight or engagement , withdraw or kéep back , or not come into the fight and engage , and do his utmost , to take , fire , kill , and endamage the Enemy , Pirate , or Rebels , and assist , and relieve all and every of his Majesties Ships ; shall for such offence of cowardize or disaffection , be tryed and suffer pains of death , or other punishment , as the circumstances of the offence shall deserve , and the Court-Martiall shall judge fit .

XIII .

The Captains , Officers , and Sea-men of all Ships , Officers and Ships appointed for Convoy , their duty . appointed for Convoy and Guard of Merchants Ships , or any other , shall diligently attend upon that Charge , without delay , according to their Instructions in that behalf , and whosoever shall be faulty therein , and shall not faithfully perform the same , and defend the Ships and Goods in their Convoy , without either diverting to other Parts or Occasions ; or refusing or neglecting to fight in their defence , Penalty for non-performance . if they be set upon , or assailed , or running away cowardly , and submitting those in their , Convoy to hazard and peril , or shall demand and exact any money , or other Reward from any Merchant or Master , for convoying of any such Ships or other Vessels belonging to his Majesties Subjects , shall be condemned to make reparation of the damage to the Merchants , Owners and others , as the Court of Admiralty shall adjudge ; and also be punished criminally according to the quality of their offences , be it by pains of death or other punishment , according as shall be judged fit by the Court-Martial .

XIV .

Whatsoever Person or Persons , in , or belonging to the Fléet , either through cowardize , The penalty for not chasing an Enemy , or not relievieg a Friend . negligence , or disaffection , shall forbear to pursue the chase of any Enemy or Pyrate , or Rebel beaten , or flying , or shall not relieve or assist a known friend in view , to the utmost of his power , shall be punished with death , or otherwise , as a Court-Martial shall find fit .

XV.

When at any time , service or action shall be commanded , Service commanded shall not be stopped or discouraged . no man shall presume to stop or put backward , or discourage the said service and action , by pretence of Arrears of Wages , or upon any pretence of Wages whatsoever , upon pain of death .

XVI .

All Sea-Captains , Officers and Sea-men , that shall betray their trust , or turn to the Enemy , None shall betray their trust , nor yield to the Enemy . Pyrate , or Rebels , and either run away with their Ship or any Ordnance , Ammunition , or Provision , to the weakning of the Service , or yield the same up to the Enemy , Pyrate , or Rebels , shall be punished with death .

XVII .

All Sea-Captains , Officers , or Mariners , Deserting the Service , or running away . that shall desert the Service or their Imployment in the Ships , or shall run away , or intice any others so to do , shall be punished with death .

XVIII .

All persons whatsoever that shall come , or be found in the nature of Spies , Spies . to bring any seducing Letters or Messages from any Enemy or Rebel , or shall attempt or endeavour to corrupt any Captain , Officer , Mariner , or other of the Navy or Fléet , to betray his or their Trust , and yield up any Ship or Ammunition , or turn to the Enemy or Rebel , shall be punished with death .

XIX .

No person in or belonging to the Fléet , shall utter any words of Sedition or Mutiny , Sedition , mutiny . nor make or endeavour to make any Mutinous Assemblies upon any pretence whatsoever , upon pain of death .

XX.

Concealers of trayterous or mutinous practices or words . No person in or belonging to the Fléet , shall conceal any Trayterous or Mutinous practices , designs , or words , or any words spoken by any to the prejudice of his Majesty , or Government , or any words , practices , or designs tending to the hindrance of the Service , but shall forthwith reveal them to his Superiour , that a méet procéeding may be had thereupon , upon pain of such punishment as a Court-Martial shall find to be just .

XXI .

Quarrelling or striking a Superiour Officer . None shall presume to quarrel with his Superior Officer , upon pain of severe punishment , nor to strike any such upon pain of death , or otherwise , as a Court-Martial shall find the matter to deserve .

XXII .

Vnwholsomness of Victuals . If any of the Fléet find cause of Complaint of the unwholsomness of his Victuals , or upon other just ground , he shall quietly make the same known to his Superiour , or Captain , or Commander in chief , as the occasion may deserve , that such present remedy may be had as the matter may require , and the said Superiour or Commander is to cause the same to be presently remedied accordingly ; but no person upon any such or other pretence , shall privately attempt to stir up any disturbance , upon pain of such severe punishment as a Court-Martial shall find méet to inflict .

XXIII .

Quarrelling or provoking speeches . None shall quarrel or fight in the Ship , nor use reproachful or provoking Spéeches tending to make any quarrel or disturbance , upon pain of Imprisonment , and such other punishment as the offence shall deserve , and the Court-Martial shall impose .

XXIV .

Wastful expence of Ammunition . That there be no wastful expence of any Powder , Shot , Ammunition , or other Stores in the Fléet , nor any imbezelment thereof , but that the Stores and Provisions be carefully preserved upon such penalties by Fine , Imprisonment , or otherwise , upon the Offenders , Abetters , Buyers , and Receivers , as shall be by a Court-Martial found just in that behalf .

XXV .

Care of conducting and steering ships . That care be taken in the Conducting and Stéering of the Ships , that through wilfulness , negligence , or other defaults , none of his Majesties Ships be stranded or run upon any Rocks or Sands , or split , or hazarded , upon pain , that such as shall be found guilty therein , be punished by Fine , Imprisonment , or otherwise , as the offence by a Court-Martial shall be adjudged to deserve .

XXVI .

Burning a Ship . All persons that shall willingly burn or set fire on any Ship , or Magazine , or Store of Powder , or Ship , Boat , Ketch , Hoy , or Vessel , or Tackle , or Furniture thereto belonging , not appertaining to an Enemy or Rebel , shall be punished with death .

XXVII .

Sleeping upon Watch. No Man , in , or belonging to the Fléet , shall sléep upon his Watch , or negligently perform the Duty imposed on him , or forsake his station , upon pain of death , or other punishment , as the circumstances of the Case shall require .

XXVIII .

Murthers . All Murthers and wilful Killing of any persons in the Ship , shall be punished with death .

XXIX .

Robbery and Theft . All Robbery and Theft committed by any person , in or belonging to the Fléet , shall be punished with death , or otherwise , as the Court-Martiall upon consideration of circumstances shall find méet .

XXX .

Provost-Mar●ial prisoners . No Provost-Marshal belonging to the Fléet , shall refuse to receive or kéep any Prisoner committed to his charge , nor suffer him to escape , being once in his custody , nor dismiss him without order , upon pain of being lyable to the same punishment which should have béen inflicted upon the party dismissed , or permitted to escape , or such other punishment as the Court-Martial shall think fit .

XXXI .

Apprehending offenders . All Captains , Officers , and Sea-men , shall do their endeavours to detect , apprehend , and bring to punishment all offenders , and shall assist the Officers appointed for that purpose therein , upon pain to be procéeded against , and punished by the Court-Martial at discretion .

XXXII .

Sodomy . If any person or persons , in or belonging to the Fléet , shall commit the unnatural and detestable sin of Buggery or Sodomy with Man or Beast , he shall be punished with death without mercy .

XXXIII .

Misdemeanors , and Disorders at Sea . All other Faults , Misdemeanors , and Disorders committed at Sea , not mentioned in this Act , shall be punished according to the Laws and Customs in such Cases used at Sea .

XXXIV .

And it is hereby further Enacted , The Lord High Admirals power to grant Commissions to call Court Martialls . That the Lord High Admiral for the time being shall by vertue of this Act , have full power and Authority to grant Commissions to inferiour Vice-Admirals , or Commander in chief of any Squadron of Ships , to call and assemble Court-Martials , consisting of Commanders and Captains ; and no Court-Martial where the pains of death shall be inflicted shall consist of less then five Captains at least , the Admirals Lieutenant to be as to this purpose estéemed as a Captain ; and in no case wherein sentence of Death shall pass by vertue of the Articles aforesaid , or any of them ( except in case of Mutiny ) there shall be execution of such Sentence of Death , without the leave of the Lord High Admiral , if the offence be committed within the Narrow-Seas : But in case any of the offences aforesaid be committed in any Voyage beyond the Narrow-Seas , whereupon Sentence of death shall be given in pursuance of the aforesaid Articles , or of any of them ; then Execution shall not be done but by Order of the Commander in chief of that Fléet or Squadron wherein Sentence of death was passed .

XXXV .

And be it further Enacted and Declared , That the Iudge-Advocate of any Fléet ,

Iudg Advocate of any fleet to administer an oath for tryal of offences .

Court Martiall .

for the time being , shall have full power and Authority to administer an Oath to any person or witness in order to the Examination or Tryal of any of the offences aforesaid ; and in the absence of a Iudg-Advocate , the Court-Martial shall have full power and Authority to appoint any person to administer an Oath to the purpose aforesaid .

Provided also , and be it further Enacted by the Authority aforesaid , Proviso touching the powers of the Lord Admiral That this Act or any thing or things therein contained , shall not in any manner of wise extend to give unto the Lord Admiral of England , for the time being , or to any his Vice-Admirals , Iudg or Iudges of the Admiralty , his or their Deputy or Deputies , or to any other the Officers or Ministers of the Admiralty , or to any others having or claiming any Admiral Power , Iurisdiction , or Authority within this Realm and Wales , or any other the Kings Dominions , any other power , right , Iurisdiction , Preheminence , or Authority , then he or they , or any of them , lawfully have , hath , or had , or ought to have and enjoy before the making of this Act , other then for such of the offences specified in the several Articles contained in this Act , as hereafter shall be done upon the main Sea , or in Ships , or Vessels being and hovering in the main Stream of great Rivers , only beneath the Bridges of the same Rivers , nigh to the Sea , within the Iurisdiction of the Admiralty , and in none other places whatsoever , and committed only by such persons as shall be in actual Service and pay in His Majesties Fléet , or Ships of War .

CAP. X.

For preventing the unlawfull Coursing , Hunting , or Killing of Deer .

For the better preventing of the unlawful Coursing , Hunting , Taking , or Killing of Déer , Vnlawfull hunting or killing of Deer . by many Idle , Loose , and disorderly persons ; Be it Enacted by the Kings most Excellent Majesty , and by the advice and Consent of the Lords and Commons in Parliament Assembled , and by the Authority of the same , That if any person or persons shall from , and after the first day of August next , unlawfully course , kill , hunt , or take away any Red or Fallow Déer , in any Forrest , Chase , Purleiw , Paddock , Wood , Park , or other Ground where Déer are , or have béen usually kept within the Realm of England , or Dominion of Wales , without the consent of the Owner , or person chiefly intrusted with the custody thereof , or shall be aiding or assisting therein , and shall be convicted thereof , by the confession of the party , or by the Oath of one or more credible witnesses , before one or more Iustices of the Peace ( who are hereby impowred to administer an Oath to that purpose ) such person being prosecuted for such offence within six moneths after such offence done ; that then every person so offending shall forfeit for every such offence the sum of Twenty pounds to be levied by way of Distress upon the Goods and Chattels of every such Offender by Warrant under the Iustices hand , before whom such conviction shall be made ; The Penalty . the one moyety of the said Twenty pounds to be given to the Informer , and the other moyety to the Owner of the Déer ; And for want of sufficient Distress , the Offender shall be committed to the House of Correction for six moneths , and there to be put to hard labour , or to the Common-Gaol for one whole year , without Bail or Main-prize , at the Discretion of the Iustices of the Peace before whom such Conviction shall be ( and not to be discharged from thence till he or they have given sufficient Sureties for their Good-behaviour , for one whole year next ensuing after his or their inlargement , ) Provided , that where any Offender shall be punished by force of this Act , that he shall not be prosecuted nor incur the penalty of any other Law or Statute for the same offence . 19 H. 7. c. 11. 3 Jac. c. 13. 7 Jac. c. 13.

CAP. XI .

The Confirmation of Three Acts therein mentioned .

BE it Enacted by the Kings most Excellent Majesty , by , and with the advice and consent of the Lords and Commons in this present Parliament assembled , and by the Authority of the same , That the several Acts herein after mentioned , made , or mentioned to be made upon or since the Twenty fifth day of April , in the Twelfth year of his said Majesties Reign , by his said Majesty , by and with the advice or consent of the Lords and Commons Assembled at Westminster upon the said 25th of April , and there continued until the 29th day of December then next following , and then dissolved ; which said Acts are herein after particularly mentioned and expressed by the several and respective Titles following , St. 12 Car. 2. cap. 29 St. 12 Car. 2. cap. 33. St. 12 Car. 2. ●ap. 14. That is to say , One Act Entituled , An Act for the raising of Seventy thousand pounds for the further Supply of his Majesty ; And one other Act entituled , An Act for Confirmation of Marriages ; and one other Act entituled , An Act for a perpetual Anniversary shanksgiving on the Twenty ninth day of May ; and all and every the Clauses , Sentences , and Articles in them , and every of them , contained , shall be , and hereby are Ratified , and Confirmed , and Enacted , and Declared , to have the full force and strength of Acts of Parliament , according to the tenor and purport thereof , and so shall be adjudged , déemed , and taken to all intents and purposes whatsoever , and as if the same had béen made , declared , and Enacted by Authority of this present Parliament .

CAP. XII .

Explanation of a Clause contained in an Act of Parliament made in the Seventeenth Year of the late King Charles , Entituled , An Act for Repeal of a Branch of a Statute Primo Elizabethae , concerning Commissioners for Causes Ecclesiastical .

VVHereas in an Act of Parliament made in the Seventeenth year of the late King Charles , Entituled , An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical , St. 17 Car. 1. cap. 11. it is ( amongst other things ) Enacted , That no Arch-bishop , Bishop , nor Vicar-General , nor any Chancellor , nor Commissary of any Arch-Bishop , Bishop , or Vicar-General , nor any Ordinary whatsoever , nor any other Spiritual or Ecclesiastical Iudg , Officer , or Minister of Iustice , nor any other person or persons whatsoever , exercising Spiritual or Ecclesiastical Power , Authority , or Iurisdiction , by any Grant , License , or Commission of the Kings Majesty , His Heirs or Successors , or by any Power or Authority derived from the King , His Heirs or Successors , or otherwise , shall ( from and after the first day of August , which then should be in the year of our Lord God , One thousand six hundred forty one ) Award , Impose , or Inflict any Pain , Penalty , Fine , Amerciament , Imprisonment , or other Corporal punishment upon any of the Kings Subjects , for any contempt , misdemeanor , crime , offence , matter , or thing whatsoever , belonging to Spiritual or Ecclesiastical Cognizance or Iurisdiction , whereupon some doubt hath béen made , that all ordinary power of Coertion and Procéedings in Causes Ecclesiastical were taken away , whereby the ordinary course of Iustice in Causes Ecclesiastical hath béen obstructed ; Be it therefore declared and Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords and Commons in this present Parliament assembled , The ordinary power of Archbishops , &c. not taken away . and by the Authority thereof , That neither the said Act , nor any thing therein contained , doth , or shall take away any ordinary Power or Authority from any of the said Arch-Bishops , Bishops , or any other person or persons named as aforesaid , but that they and every of them , exercising Ecclesiastical Iurisdiction , may procéed , determine , sentence , execute , and exercise all manner of Ecclesiastical Iurisdiction , May use Ecclesiastical Iurisdiction . and all Censures and Coertions appertaining and belonging to the same , before the making of the Act before recited , in all causes and matters belonging to Ecclesiastical Iurisdiction , according to the Kings Majesties Ecclesiastical Laws used and practised in this Realm , in as ample manner and form as they did , and might lawfully have done before the making of the said Act.

The Stat. 17. Car. 1. cap. 11. Rep. as to all except what concerns the High Commiss on Court Proviso . And be it further Enacted by the Authority aforesaid , That the afore recited Act of Decimo septimo Caroli , and all the Matters and Clauses therein contained ( excepting what concerns the High Commission-Court , or the new erection of some such like Court by Commission ) shall be , and is hereby repealed , to all intents and purposes whatsoever , Any thing , clause , or sentence in the said Act contained to the contrary notwithstanding .

Provided alwayes , and it is hereby Enacted , That neither this Act , nor any thing herein contained , shall extend , or be construed to revive , or give force to the said Branch of the said Statute made in the said first year of the Reign of the said late Quéen Elizabeth , mentioned in the said Act of Parliament made in the said seventéenth year of the Reign of the said King Charles ; but that the said Branch of the said Statute made in the said first year of the Reign of the said Quéen Elizabeth , shall stand and be repealed in such sort as if this Act had never béen made .

Provided also , and it is hereby further Enacted , That it shall not be lawful for any Arch-Bishop , Proviso touching the oath Ex Officio . Bishop , Vicar-General , Chancellor , Commissary , or any other Spiritual or Ecclesiastical Iudg , Officer , or Minister , or any other person , having or exercising Spiritual or Ecclesiastical Iurisdiction , to tender or administer unto any person whatsoever , the Oath usually called the Oath Ex Officio , or any other Oath whereby such person to whom the same is tendred or administred , may be charged or compelled to confess , or accuse , or to purge him , or her self of any criminal matter or thing , whereby he or she may be lyable to any censure or punishment ; Any thing in this Statute , or any other Law , Custom , or Vsage heretofore to the contrary hereof in any wise notwithstanding . Proviso not to give any other Iurisdiction to any Archbishop , &c. than they had by law before the year 1639. The Kings Supremacy in Ecclesiastical matters . Canons Ecclesiastical .

Provided alwayes , That this Act or any thing therein contained , shall not extend or be construed to extend to give unto any Arch-Bishop , Bishop , or any other Spiritual or Ecclesiastical Iudg , Officer , or other person or persons aforesaid , any power or authority to exercise , execute , inflict , or determine any Ecclesiastical Iurisdiction , Censure , or Coertion , which they might not by Law have done before the year of our Lord 1639 , nor to abridg or diminish the Kings Majesties Supremacy in Ecclesiastical Matters and Affairs , nor to confirm the Canons made in the year 1640. nor any of them , nor any other Ecclesiastical Laws or Canons not formerly confirmed , allowed , or Enacted by Parliament , or by the established Laws of the Land as they stood in the year of the Lord 1639.

CAP. XIII .

The Arrears of the Excise and New Impost vested in His Majesty .

BE it Declared and Enacted by the Kings most Excellent Majesty , All Moneys owing upon Excise by any Laws or Ordinances vested in his Majesty . by and with the advice and consent of the Lords and Commons assembled in Parliament , and by the Authority thereof , That all and every sum and sums of money any wayes due , or owing from , or by any person or persons whatsoever , for or touching the Imposition or Duty called the Excise , heretofore imposed and made payable upon Béer , Ale , or any other Commodities , by any Laws , or pretended Laws or Ordinances ; and all Debts therefore owing , whether by Obligation or upon Accompt from Farmers of Excise , or any other person or persons whatsoever , or any of their Securities , and not pardoned by his Majesties most Gratious Act of Pardon and Oblivion , be , and are hereby vested and setled in the Kings Majesty , his Heirs and Successors ; and that his Sacred Majesty , his Heirs and Successors , may from time to time , and at all times hereafter , have , demand , sue for , and recover the same of all and every person and persons , their Heirs , Executors , and Administrators , having Assets , who are any way accomptable for the same , or any part thereof , and from his and their respective Sureties , and Securities ; as if the same Duties of Excise had béen lawfully Assessed , Imposed , and Collected ; and as if the several pretended Acts , Orders , and Ordinances , Assessing and Imposing the same , had béen good , true , legal , and effectual Acts of Parliament , and had in express words given and granted all and every the said Duties of Excise or new Impost unto his Majesty ; and as if the Obligations and Recognizances entred into by the respective Sureties and Securities had , at the time of entring into the same , béen taken in his Majesties Name , according to the form prescribed in the Statute made in the Thrée and thirtieth year of the Reign of King Henry the Eight . 33 H. 8. c. 39.

Provided alwayes , That all and every person and persons accomptable by vertue of this Act , Proviso for allowances . St. 12 Car. 2. cap. 11. shall have all such due allowance in his or their accompts , as all such persons whose accompts are accepted in an Act , Intituled , An Act of Free and General Pardon , Indempnity , and Oblivion , have , or ought to have .

Provided alwayes , Proviso no person to be questioned , unless he be such before the 25 of December 1662. All persons accomptable shall have authority to levy and recover all Arrears . That no person shall be questioned or molested for any of the Duties herein , or hereby vested in his Majesty , unless he shall be sued or prosecuted with effect before the Five and twentieth day of December , which shall be in the year of our Lord , One thousand six hundred sixty two .

Provided also , and be it Enacted by the Authority aforesaid , That all persons accomptable to his Majesty by this Act , shall have power and authority , and are hereby enabled to sue for , levy , and recover from any person or persons who do stand indebted unto them in any sum of money for the Duty or Impost of Excise , for which they are hereby accomptable , all sums of money and Arrears unsatisfied , in as full and ample manner and form as they might have received and levied the same when they first grew due .

CAP. XIV .

The Confirmation of an Act Entituled , An Act for Encouraging and Increasing of Shipping , and Navigation , and several other Acts both Publick and Private mentioned therein .

WHereas during the late difficulties and exigencies of affairs in the absence of his most Excellent Majesty , and in reference to his return from beyond the Seas into these his Majesties Dominions ; The Lords and Commons being assembled at Westminster the Five and twentieth day of April , in the twelfth year of his Majesties Reign , were from thence , and after his Majesties return , continued untill the nine and twentieth day of December then next following , and now last past , and then dissolved by his Majesty ; in which time several Acts were passed by his Majesty ; by and with the advice and consent of the said Lords and Commons assembled as aforesaid , which being of necessary use , are fit to be continued and confirmed , although the manner of the said assembling , enforced by the difficulties and exigencies aforesaid , which then lay upon the Nation , is not to be drawn into example .

Be it therefore Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords and Commons in this present Parliament Assembled , and by the Authority of the same , That all and singular the Acts made or mentioned to be made by his said Majesty , by and with the advice or consent of the Lords and Commons , upon or since the said Five and twentieth day of April , herein after particularly mentioned and expressed ( that is to say ) One Act , Entituled , An Act for the encouraging and increasing of Shipping and Navigation : One other Act , St. 12 Car. 2. cap. 18. St. 12 Car. 2. cap. 32. St. 12 Car. 2. cap. 36. St. 12 Car. 2. cap. 34. St. 12 Car. 2. cap. 13. St. 12 Car. 2. cap. 6. Entituled , An Act for Prohibiting the Exportation of Wooll , Wool-fells , Fullers Earth , or any kind of Scouring Earth . One other Act , Entituled , An Act Impowring the Master of the Rolls for the time being , for to make Leases for years , in order to new build the old Houses belonging to the Rolls . One other Act , Entituled , An Act for prohibiting the Planting , Setting , or Sowing of Tobacco in England and Ireland . One other Act , Entituled , An Act for restraining the taking of Excessive Usury . One other Act , Entituled , An Act for the present nominating of Commissioners of Sewers . One other Act , Entituled , An Act for the Incorporating of the Master and Wardens of the Company of Haberdashers , LONDON , to be Governors of the Free-School and Alms-houses in Newport in the County of Salop , of the Foundation of William Adams , and for Setling of Lands and Possessions on them for maintenance thereof , and other charitable Uses . And all and every the Clauses , Sentences , and Articles in them and every of them contained , shall be , and hereby are Ratified and Confirmed , and Enacted and Declared to have the full force and strength of Acts of Parliament , according to the tenor and purport thereof , and so shall be adjudged , déemed and taken , to all intents and purposes whatsoever , and as if the same had béen Made , Declared and Enacted by Authority of this present Parliament .

CAP. XV.

The Pains , Penalties and Forfeitures Imposed upon the Estates and Persons of certain notorious Offenders excepted out of the Act of Free and General Pardon , Indempnity , and Oblivion .

St. 12 Car. 2. cap. 11. The Lands and Tenements of the persons deceased , not discharged by the Act of General Pardon . VVHereas in a certain Act passed in the late assembly held at Westminster , in the Twelfth year of His Majesties Reign , and confirmed by the Authority of this present Parliament , Entituled , An Act of Free and General Pardon , Indempnity , and Oblivion ( amongst other things ) it is provided , that nothing therein contained should extend to discharge the Lands , Tenements , Goods , Chattels , Rights , Trusts , and other the Hereditaments late of Isaac Ewer deceased , Sir John Danvers deceased , Sir Thomas Maleverer Baronet deceased , William Purefoy deceased , John Blakiston deceased , Sir William Constable Baronet deceased , Richard Dean deceased , Francis Aleyn deceased , Peregrin Pelham deceased , John Moore deceased , John Aldred , alias Alured deceased , Humphrey Edwards deceased , Sir Gregory Norton Baronet deceased , John Venn deceased , Thomas Andrews Alderman deceased , Anthony Stapley deceased , Thomas Horton deceased , John Fry deceased , Thomas Hammond deceased , and Sir John Bourchier deceased , of and from such pains , penalties and forfeitures , as by one other Act of Parliament intended to be afterwards passed for that purpose , should be expressed and declared : All which persons before mentioned , were ( whilst they lived ) notoriously known to have béen wicked and active Instruments in the prosecution and compassing of that horrid and Execrable Treason , the Murther of our late Soveraign Lord King CHARLES the First , of ever blessed memory . And whereas William Lord Mounson , James Challoner , Sir Henry Mildmay , Sir James Harrington , John Phelps , and Robert Wallop , who in the moneth of January , One thousand six hundred forty eight , did act and fit in that Traiterous Assembly which procéeded against the Person and Life of our said late Soveraign Lord King CHARLES the First ; and Sir Arthur Haslerig , who in his life did commit many horrid and Traiterous Crimes against the Person , Crown and Dignity of his late Majesty of glorious memory , and his Majesty that now is , are all of them excepted out of the said Act , and reserved to future Pains , Penalties and Forfeitures , not extending to life ; since the passing of which Act , so as aforesaid confirmed , Sir Arthur Haslerig and James Challoner died , and no Act hath yet passed for the inflicting of due Pains , Penalties , and Forfeitures upon the Persons and Estates of the Offenders aforesaid .

We therefore the Lords and Commons in Parliament assembed , do beséech your Majesty , That it may be enacted , ; And be it Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords and Commons in this present Parliament assembled , The Mannors , Lands , &c. of the persons named . and by authority of the same , That all and every the Mannors , Messuages , Lands , Tenements , Rents , Reversions , Remainders , Possessions , Rights , Conditions , Interests , Offices , Fées , Annuities , and all other the Hereditaments , Leases for years , Chattels Real , and other things of what nature soever they be of them the said Isaac Ewer , Sir John Danvers , Sir Thomas Maleverer , William Purefoy , John Blakiston , Sir William Constable , Richard Dean , Francis Aleyn , Peregrin Pelham , John Moore , John Aldred , alias Alured , Humphrey Edward , Sir Gregory Norton , John Venn , Thomas Andrews ,

Of which they were seised the 20th . of March 1646. or since , forfeited and vested in his Majesty .

The goods , debts , & Chattels , of which the persons named were possessed at the time of their death forfeited to his Majesty . The goods , &c. of which William Lord Mounson , Sir Hen. Mildmay , Sir James Harrington , John Phelps , and Rob. Wallop , were possessed the 11. of Feb. 1659. forfeited and vested in his Majesty .

Anthony Stapley , Thomas Horton , John Fry , Thomas Hammond , Sir John Bourchier , William Lord Mounson , James Challoner , Sir Henry Mildmay , Sir James Harrington , John Phelps , Robert Wallop , and Sir Arthur Haslerig , which they , or any of them , or any other person or persons to their , or any of their uses , or in trust for them , or any of them had the five and twentieth day of March in the year of our Lord , One thousand six hundred forty and six , or at any time since , shall stand , and be forfeited unto your Majesty , your Heirs and Successors ; and shall be déemed , vested , and adjudged to be in the actual and real possession of Your Majesty , without any Office or Inquisition thereof hereafter to be taken or found ; And also that all and every the Goods , Debts , and other the Chattels personal whatsoever of them , the said Isaac Ewer , Sir John Danvers , Sir Thomas Maleverer , William Purefoy , John Blakiston , Sir William Constable , Richard Dean , Francis Aleyn , Peregrin Pelham , John Moore , John Aldred , alias Alured , Humphrey Edwards , Sir Gregory Norton , John Venn , Thomas Andrews , Anthony Stapley , Thomas Horton , John Fry , Thomas Hammond , Sir John Bourchier , James Challoner , and Sir Arthur Haslerig , whereof they , or any of them , at the time of their respective deaths , or any other in Trust for them , or any of them stood possessed or interessed in Law or Equity , and all the Goods , Debts , and other the Chattels personal whatsoever of them the said William Lord Mounson , Sir Henry Mildmay , Sir James Harrington , John Phelps , Robert Wallop , whereof upon the eleventh day of February , in the year of our Lord , One thousand six hundred fifty and nine , they , or any of them , or any other in trust for them , or any of them stood possessed either in Law or Equity , shall be déemed and adjudged to be forfeited , and are hereby vested and put into the actual and real possession of your Majesty , without any further Office or Inquisition thereof hereafter to be taken or found .

Provided alwayes , and be it Enacted by the Authority aforesaid , That no Conveyance , Assurance , Grant , Bargain , Sale , Charge , Lease , Assignment of Lease , Grants , Proviso for conveyances and assurances , &c. made bona fide before the 29. of September , and Surrenders by Copy of Court-Roll , Estate , Interest , Trust or Limitation of any use or uses , of , or out of any Mannors , Lands , Tenements or Hereditaments , not being the Lands nor Hereditaments of the late King , Quéen or Prince , or of any Archbishops , Bishops , Deans , Deans and Chapters , nor being Lands or Hereditaments sold or given for the Delinquency , or pretended Delinquency of any person or persons whatsoever , by vertue or pretext of some Act , Order , Ordinance , or reputed Act , Order or Ordinance since the First day of January , one thousand six hundred forty and one , nor any Statute , Iudgment or Recognizance , had , made , acknowledged or suffered to any person or persons , Bodies politick or Corporate , before the Nine and Twentieth day of September , one thousand six hundred fifty and nine , by any of the Offenders before in this Act mentioned , or their Heirs , or by any other person or persons claiming by , from , or under them , or any of them , other then the Wife or Wives , Child or Children , Heir or Heirs of such person or persons , or any of them for money bona fide to them , or any of them paid , or lent , or other valuable consideration , nor any conveyance , assurance , Conveyances and assurances made before the 25th . of April . 1660. grant or Estate made before the five and twentieth day of April , One thousand six hundred and fifty , by any person or persons to any of the Offenders aforesaid in trust , and for the benefit of any other person or persons , not being any of the Offenders aforesaid , or in Trust for any Bodies politick or Corporate , shall be Impeached , defeated , made voide , or frustrated hereby , or by any of the Convictions and Attainders aforesaid ; But that the same shall be held and enjoyed by the Purchasers , Grantées , Lessées , Assigns , Cestuy que use , Cestuy que trust , and every of them , their Heirs , Executors , Administrators and Assigns respectively , as if this Act had not béen made , so as the said Conveyances , and all and every the Grants and Assurances , which by vertue of this Act are , and ought to be held and enjoyed as aforesaid , shall before the first day of January , which shall be in the year of our Lord , So as they be inrolled in the Exchequer before the first of Ian. 1662. One thousand six hundred sixty and two , be entred , and enrolled of Record in his Majesties Court of Exchequer , and not otherwise , any thing in this Act herein before contained to the contrary in any wise notwithstanding .

And be it further Enacted by the Authority aforesaid , That William Lord Mounson , William Lord Mounson , Sir Henry Mildmay , Sir James Harrington , Robert Wallop and John Phelps degraded . Sir Henry Mildmay , Sir James Harrington , Robert Wallop Esquire , and John Phelps , and every of them shall be , and are hereby degraded from , and made uncapable of , all and every the Titles of Honour , Dignities and Preheminences which they or any of them now have , or which at any time hereafter may descend unto them ; And that neither they , nor any of them shall at any time hereafter have , hear , or use the Name , Stile , Addition or Title of Lord , Baronet , Knight , Esquire , or Gentleman , or any of them , nor shall use , or have any Coats , or Escutcheons of Arms whatsoever , nor any other legal Title , or addition whatsoever , but shall be for ever reputed , and are hereby declared to be Persons of Dishonour and Infamy .

And further , That they the said William Mounson , Henry Mildmay , James Harrington , William Mounsor , Hen● Mildmay , James Harrington , Robert Wallop & John Phelps shall be drawn to Tyburn as persons executed for treason . Robert Wallop , and John Phelps , and every of them , shall upon the seven and twentieth day of January , which shall be in the year of our Lord , One thousand six hundred sixty one , or so soon after as they shall be apprehended , carried to the Tower of London , and from thence drawn upon sledges with Ropes about their Necks , and according to the manner of persons executed for High Treason , quite through the stréets of London unto the Gallowes at Tiburn , and from thence in like manner be brought back again to the Tower of London ; and there , or in such other Prison as his Majesty shall think fit , continue Prisoners , and suffer pains of Imprisonment for and during the Term of their Natural Lives .

Provided alwayes , Proviso for executors of the said persons and legacies . That no Executor or Administrator to any of the dead Persons whose Estate is forfeited by this Act , shall at any time hereafter be sued or molested for any Debt or Legacy by them paid as Executor or Administrator to any person or persons to whom the same was due or bequeathed , and was by the said Executor or Administrator paid bona fide ; but the respective Legatées who have received any such Legacies from the said Executors , shall be accomptable to the Kings Majesty for all such Legacies as they have respectively received , and shall pay the same to the Kings most Excellent Maiesty .

Provided alwayes , That nothing in this Act shall be construed to forfeit the Term , Estate , Proviso for Sir William Lewes . or Interest which Sir William Lewes of Borden in the County of Southampton Baronet , had or hath in the custody of the Park called East-mean Park in the aforesaid County , and in the game of Conies therein , for the term of thrée years to come , from our Lady-day last , being the remaining years of a greater term ( he the said Sir William being formerly possessed thereof ) by an Assignment made by John Allen Executor of the said Francis Allen , the which said Park and Premisses being part of the Possessions of the Bishop of Winchester , the said Sir William Lewes hath surrendred unto the said Bishop , and hath now taken a new Lease thereof for thrée lives , from the Bishop of Winchester , the which said Lease for thrée lives so made by the said Bishop unto the said Sir William Lewes , shall for , and notwithstanding this Act , or any thing therein contained , remain firm and good unto the said Sir William Lewes , according to the true meaning of his said Lease ; saving alwayes to all and every person and persons , Bodies politick , and others their respective Heirs , Successors , Executors and Administrators , all such Estate , Right and Title , and Interest in Law and Equity , which they , or any of them have , or ought to have of , in , to , or out of any the Premisses , not being in Trust for any the said Offenders , nor derived by , from , or under the said offences , since the five and twentieth day of March , one thousand six hundred forty six ; saving alwayes and reserving to Cuthbert Collingwood Esquire , and George Collingwood Gent. his Son , their , or either of their Heirs and Assigns , and the Farmers and Tenants of the said Cuthbert and George Collingwood , or either of them , and of their Heirs and Assigns , all such Right , Title of Entry and Action , Vse , Interest and Possession , which they , or any of them , or any in trust for them , or any of them , have or had , or ought to have , of , in , to , or out of the Mannors , Townships , Villages , Hamlets and Precincts of Islington , Whitingham , Barton , Throunton , Fawden , Keynton , West-Brunton , East-Brunton , Dunnington , Blakedon , alias Blagdon , and Wetslade , or any of them in the County of Northumberland , and of , in , to , or out of the Lands , Tenements , Hereditaments , Rights , Members and Appurtenances to them , or any of them belonging or appertaining , as if this Act had never béen made .

Proviso for Rachel Powre . Provided also , that this Act , nor any thing herein contained , shall extend to preiudice the Estate and Interest in Law or Equity of Rachel Powre Widow , of , in , and to one Copyhold Messuage and Mill thereunto belonging , with their Appurtenances , Scituate , lying and being in Chepmansford in the County of Southampton , being parcel of the Mannor of Husband Priors , which by order and decrée of the High-Court of Chancery of the one and twentieth of June , One thousand six hundred sixty one , she is to be forthwith restored unto , and put into possession of , and to quietly hold and enjoy the same during her Widowhood , with the mean profits thereof taken by the said Mr , Wallop : But that it shall and may be lawful to and for the said Rachel Powre to hold and enjoy the same according to the said Decrée .

Proviso for Sir John Bourchier . Provided alwayes , and it is hereby further Enacted , That it shall and may be lawfull to and for Barrington Bourchier Esquire , Son and Heir of Sir John Bourchier , herein before mentioned , to hold and enjoy all and singular the Lands , Tenements and Hereditaments to him lately granted and conveyed , or mentioned to be granted and conveyed , in and by certain Letters Patents under the Great Seal of England , bearing date the Two and twentieth day of March , in the thirtéenth year of His Majesties Reign , against His Majesty , His Heirs and Successors for ever , according to the full intent and meaning of the said Letters Patents ; Any thing in this present Act contained to the contrary thereof in any wise notwithstanding .

Anno XIII . Car. II. Regis .

ACTS made at the second meeting in this present Parliament begun at Westminster the 8th . day of May , Anno Dom. 1661. And there continued untill the 20th . of December , and from that day adjourned unto the seventh of January next ensuing , as followeth .

CAP. I.

An Act for the well Governing and Regulating of Corporations , impowring the King to issue Commissions for the removing , placing and restoring certain Officers and Members there .

FOr and within the several Cities , Corporations and Burroughs , and Cinque-Ports , and their Members , and other Port-Towns within the Kingdom of England , Dominion of Wales , and Town of Berwick upon Tweed , viz. All Mayors , Aldermen , Recorders , Bailiffs , Town-Clerks , Common-Councel-men , and other persons then bearing any Office or Offices of Magistracy , or Places , or Trusts , or other Imployment relating to , or concerning the Government of the said respective Cities , Corporations and Burroughs , and Cinque-ports , and their Members , and other Port-Towns , and for tendring to all such the Oaths of Allegiance and Supremacy , and this Oath following .

I A. B. do declare and believe , That it is not lawful , upon any pretence whatsoever , to take Arms against the King ; and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person , or against those that are Commissioned by Him : So help me God .

And also for subscribing this following Declaration .

I A. B. do declare , That I hold that there lies no Obligation upon me , or any other person , from the Oath commonly called , The Solemn League and Covenant ; and that the same was in it self an unlawful Oath , and imposed upon the Subjects of this Realm , against the known Laws and Liberties of the Kingdom .

EXP. 25. March , 1663. as to the Power of the said Commission and Commissioners . But

None to be chosen any Officer in any Corporation that shall not have taken the Sacrament within a year next before . Provided also , and Enacted by the Authority aforesaid , That from and after the expiration of the said Commissions , no person or persons shall for ever hereafter be placed , elected or chosen , in or to any the Offices or Places aforesaid , that shall not have within one year next before such Election , or Choice , taken the Sacrament of the Lords Supper , according to the Rights of the Church of England ; and that every such person and persons so placed , elected or chosen , shall likewise take the aforesaid thrée Oaths , and subscribe the said Declaration at the same time , And shall take the said three Oaths , and subscribe the said Declaration . when the Oath for the due execution of the said Places and Offices respectively shall be administred ; And in default hereof , every such placing , election and choice is hereby Enacted and Declared to be void .

CAP. II.

Vexations and Oppressions by Arrests , and of Delayes in Suits of Law prevented .

WHereas by the Ancient and Fundamental Laws of this Realm , The antient fundamental Law in proceeding to arrests upon Suits , to express the true cause of Action in the Processe . in case where any person is Sued , Impleaded , or Arrested , by any Writ , Bill , or Process , issuing out of any of His Majesties Courts of Records at Westminster , in any Common Plea , at the Suit of an● Common person , the true cause of Action ought to be set forth and particularly expressed in such Writ , Bill , or Process ; whereby the Defendant may have certain knowledge of the cause of the Suit , and the Officer who shall execute such Writ , Bill , or Process , may know how to take Security for the Appearance of the Defendant to the same , and the sureties for such Appearances , may rightly understand for what cause they become engaged ; And whereas there is a great Complaint of the People of this Realm , that for divers years now last past , very many of His Majesties good Subjects have béen arrested upon general Writs of Trespass , quare clausum fregit , Bills of Middlesex , Latitat's , and other like Writs issued out of the Courts of Kings Bench and Common-Pleas , not expressing any particular or certain cause of Action , and thereupon kept prisoners for a long time for want of Bail ; Bonds with Sureties for Appearances having béen demanded in so great sums , that few or none have dared to be security for the Appearances of such persons so arrested and imprisoned , although in truth there hath béen little or no cause of Action , and often times there are no such persons who were named Plaintiffs , but those Arrests have béen , many times , procured by malitious persons , to vex and oppress the Defendants , or to force from them unreasonable and unjust Compositions for obtaining their Liberty ; And by such evil practices , many men have béen , and are daily , undone and destroyed in their Estates , without possibility of having Reparation : The Actors imployed in such practises having béen ( for the most part ) poor and lurking persons , and their Actings so secret , that it hath béen found very difficult to make true discoveries or proof thereof .

For remedy and prevention of which , so great growing evils and mischiefs , and also for discouraging all frivolous and uniust Suits , and Causeless Arrests for the future ; Be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament Assembled , and by the Authority of the same , That from and after the Twelfth day of February , in the year of our Lord , Persons arrested by Process out of the Kings Bench or Common Pleas , not expressing the cause of Action how to be bailed and set to liberty upon their own Bonds for appearance . One thousand six hundred sixty and one , no person or persons , who shall happen to be arrested by any Sheriff , Vnder-sheriff ; Coronor , Steward , or Bailiff of any Franchise or Liberty , or by any other Officer , Minister , Vnder-bailiff , or other person or persons whatsoever within this Realm , having , or pretending to have , Authority or Warrant in that behalf , by force or colour of any Writ , Bill , or Process issuing , or to be issuing out of His Majesties said Courts of Kings Bench , and Common Pleas , or either of them , in which said Writ , Bill , or Process , the certainty and true cause of Action is not expressed particularly , and for which the Defendant or Defendants , in such Writ , Bill , or Process named , is and are bailable by the Statute in that behalf made in the thrée and twentieth year of the Reign of the late King Henry the sixth , shall be forced or compelled to give security , or to enter into Bond with Sureties , 23 H. 6. ca. 10. for the Appearances of such person or persons so arrested , at the day and place in the said Writ , Bill , or Process , specified or contained in any penalty or sum of money , excéeding the sum of Forty pounds of lawful money of England , to be conditioned for such Appearances ; and that all Sheriffs , and other Officers and Ministers aforesaid shall let to bail , and deliver out of Prison , and from their , and every of their Custodies respectively , all and every person and persons whatsoever , by them , or any of them , arrested ; upon any such Writ , Bill , or Process , wherein the certainty and true cause of Action is not particularly expressed , upon Security in the sum of Forty pounds , and no more , given for Appearance of such person or persons so arrested unto the said Sheriff or Officer aforesaid , according to the said Statute in the said thrée and twentieth year of the Reign of the said late King Henry the sixth , in that behalf made and provided .

And be it further Enacted by the Authority aforesaid , That upon Appearance to be Entred in the Term , wherein such Writ , Bill , or Process , is retornable with the respective Officer in that behalf , for the said person or persons , by Attorney or Attorneys in the said respective Courts , from whence the said Writ , Bill , or Process issued , unto such Writ , Bill , or Process , the Bond or Bonds so given for Appearance thereunto , Bonds ( given for ) discharged upon appearance . Nonsuit for want of a Declaration before the end of the next term after appearance , and judgment and costs against the Plaintiff . be and are hereby satisfied and dischargeed ; And that after such Appearance so entred , no Amerciaments be set or Estreted upon or against any Sheriff or other Officer aforesaid , or any other person whatsoever , concerning the want of such Appearance , and unless the Plaintiff or Plaintiffs in any such Writ , Bill , or Process named , shall put into the Court from whence such Writ , Bill , or Process did issue , his or their Bill , or Declaration against the person or persons so Arrested in some personal Action , or Ejectione firmae of Lands or Tenements , before the end of the Term next following after Appearance , That then a Non-suit for want of a Declaration , may be Entred against the said Plaintiff or Plaintiffs in the said Courts respectively ; And that every Defendant in every such Writ , Bill , or Process named , shall or may have Iudgment to recover Costs against every such Plaintiff or Plaintiffs , to be Assessed , Taxed , and Levied in such manner , and according as it is provided by the Statute for Costs , made in the thrée and twentieth year of the Reign of the late King Henry the Eighth , 23 H. 8. ca. 15. any former or other Act , Statute , Ordinance , Law , Custome , Order , Course , or Vsage of either of the said Courts to the contrary thereof , heretofore had , made , admitted , or used in any wise notwithstanding .

Provided alwayes , that this Act , nor any Clause or thing herein before specified or contained , shall not extend , Arrests upon Capias utlagatum , Attachments upon Rescous , Contempts , and of Priviledg , excepted . nor be construed or taken to extend unto any Arrests hereafter to be made , upon or by Vertue of any Writ of Capias utlagatum , Attachment upon Rescous , or Attachment upon any Contempt , or of any Attachment of Priviledge , at the Suit of any priviledged person , or of any other Attachment for Contempt whatsoever , issuing , or to be issing out of either of the said Courts , although there be no particular certainty of the cause of Action expressed or contained in the said Writs ; But that nevertheless no Sheriff , nor Vnder-sheriff , nor any of the Officers or Ministers aforesaid , shall discharge any person or persons , taken upon any Writ of Capias utlagatum , out of Custody , without a lawful Supersedeas first had and received for the same ; and that upon the said Writs of Attachment , such lawful course be taken for Security for Appearance therein , as hath béen heretofore used , any thing herein before expressed to the contrary thereof in any wise notwithstanding .

And whereas many persons out of ill intent , to delay their Creditors from recovering their Iust Debts , continue Prisoners in the Fléet , who cannot be procéeded against in such manner as they might be , if they were at Large : Now for the better enabling all persons to recover their just Debts and Demands against such Prisoners : How Persons having cause of action may proceed against Prisoners in the Fleet. Be it further Enacted by the Authority aforesaid , That every person or persons whatsoever , who now hath or have , or which at any time hereafter shall have cause of any personal Action against any person being a Prisoner in the prison of the Fléet , may Sue forth an Original Writ upon his or their cause of Action , And that a Writ of Habeas Corpus be granted to every such person or persons , being Plaintiff or Plaintiffs , desiring the same to be directed to the Warden of the same Prison , to have the Body of such prisoner before the Iustices of the Common Pleas at some certain day in any Term , to answer the said Plaintiff or Plaintiffs upon his or their said Cause of Action ; And that if the said Plaintiff or Plaintiffs at the said day put into the said Court his or their Declaration , according to the said Original Writ against the said prisoner being present at the Barr , the said prisoner shall be bound to appear in person , or to put in an Attorney to appear for him in the said Action ; And unless the said Defendant plead upon a Rule given to be out at eight daies at the least after such Appearance , Iudgment by Nihil dicit may be entred against such Defendant as appearing in person , which shall be good and effectual in Law ; And such charge in Court by Declarations , signified by Rule unto the said Warden , shall be a good cause of detention of such prisoner in his Custody , from which he shall not be discharged without a lawful Supersedeas or Rule of Court ; And if the said Warden shall do otherwise , he shall be Responsible to the Court , and to the party grieved for Damages , by Action upon the case to be brought against him for discharging such prisoner .

Delayes in Suites , by reason of 15 dayes between the Teste and Retorn of writs , remedyed in actions personall . And whereas very many Suits Commenced by Original Writs , have béen protracted and long delayed from Iudgment and Execution , by reason of the necessity of having fiftéen dayes at the least , betwéen the dayes of the Teste , and the dayes of Return of Writs now used in personal Actions , and also in Actions of Ejectione Firmae , for Lands and Tenements ; For remedy thereof , and for the more easie expediting Trials , and the better and more spéedy executing of Iudgments for the time to come ; Be it further Enacted by the Authority aforesaid , That in all Actions of Debt , and all other personal Actions whatsoever , and also in all Actions of Ejectione firmae , Ejectione firmae . for Lands or Tenements now depending , or which at any time hereafter shall be depending by Original Writ , in either of His Majesties Courts aforesaid , after any issue therein ioyned to be tried by a Iury , and also after any Iudgment had or obtained , or to be had or obtained in either of the Courts aforesaid ; Venire facias , Habeas Corpora Jurator . Distringas Jurator . Fieri fac . Capias ad satisfaciendum . Capias ad satisfaciendum , where Exigent lyeth after Iudgment , or to make the Bail appear , excepted . 3. Jac. cap. 8. Touching staying executions by Supersedeas or Writs of Errour , and what actions it may be stayd . There shall not néed to be fiftéen dayes betwéen the Teste day and the day of Retorn of any Writ or Writs of Venire facias , Habeas Corpora Juratorum , or Distringas Juratores , Writs of Fieri facias , or Writs of Capias ad satisfaciendum , and that the want of Fiftéen dayes between the Teste day and the day of Retorn of any such Writ shall not be , nor shall be assigned , taken or adjudged to be any matter or Cause of Errour , any Law , Custome , Statute , Course , or Vsage to the contrary thereof in any wise notwithstanding .

Provided nevertheless , that this Act nor any thing therein contained , shall not Extend , or be construed to Extend , to any Writ of Capias ad Satisfaciendum , whereon a Writ of Exigent after Iudgment is to be awarded , nor to Capias ad Satisfaciendum against the Defendant , in Order to make any Bail liable , but that the same continue and be as if this Act had never béen made .

And whereas by an Act of Parliament made in the third year of the Reign of our late Soveraign Lord King James of Blessed Memory , a very good Law was made for avoiding unnecessary delayes of Execution ; Whereby it is Enacted , That no Execution shall be stayed or delayed upon or by any Writ of Errour , or Supersedeas thereupon to be sued for the reversing of any Iudgment to be given in any Action , or Bill of Debt , upon any single Bond for Debt , or upon any Obligation with Condition for payment of money onely , or upon Action , or Bill of Debt for Rent , or upon any Contract sued in any of His Highness Courts of Record at Westminster , or in the Counties Palatine of Chester , Lancaster , or Durham , or in His Highness Courts of Great Sessions in any of the Twelve Shires of Wales , unless such person or persons in whose name or names such Writ of Error shall be brought , with two sufficient Sureties , such as the Court wherein such Iudgment is or shall be given , shall allow of , shall first before such stay made , or Supersedeas to be awarded , be bound to the party for whom any such Iudgment was or should be given , by Recognizance to be acknowledged in the same Court , in double the sum adiudged to be recovered by the said former Iudgment , to prosecute the said Writ of Error with effect , and also to satisfie and pay ( if the said Iudgment shall be affirmed ) all and singular the Debts , Damages , and Costs adjudged , or to be adjudged upon the former Iudgment ; And all Costs and Damages to be also awarded for the same delaying of Execution , which Law hath béen found by experience to be very good and beneficial to the Common-Wealth ; And forasmuch as divers other Cases within the same mischief , by delayes and staying of Execution by Writs of Error and Supersedeas thereupon , are not provided for by the said Statute ; For further remedy against delayes and staying of Executions in the several Actions hereafter specified .

Be it further Enacted and Ordained by the Authority aforesaid , In what Actions execution may be stayed ( by writ of Error ) by this Statute . That from and after the twentieth day of January in the year of our Lord , One thousand six hundred sixty and one , no Execution shall be stayed in any of the Courts aforesaid , by any Writ or Writs of Error , or Supersedeas thereupon , after any Verdict and Iudgment thereupon obtained in any Action of Debt , grounded upon the Statute made in the second year of the Reign of the late King Edward the sixth , for not setting forth of Tythes , nor in any Action upon the Case , upon any promise for payment of money , Actions sur Trover , Action of Covenant , Detinue , and Trespass , unless such Recognizance , and in such manner as by the said recited former Act is directed , shall be first acknowledged in the said Court where such Iudgment is given .

And be it also Enacted by the Authority aforesaid , The Defendant to have double Costs for delays of his Execution by writ of Error . That if any person or persons after the said day , shall Sue or Prosecute any Writ or Writs of Error , for Reversal of any Iudgment whatsoever given after any Verdict in any of the Courts aforesaid , and the said Iudgment shall afterwards be affirmed , then every such person or persons shall pay unto the Defendant or Defendants in the said Writ or Writs of Error , his or their double Costs to be assessed by the Court where such Writ of Error shall be depending , for the delaying of Execution .

Provided nevertheless , that this Act , nor any thing therein contained , Popular actions , or upon a penal Law , Indictments , &c. not within this Statute . shall not extend to any Action Popular , nor unto any other Action , which is , or hereafter shall be brought upon any penal Law or Statute ( except Debt for not setting out Tythes as aforesaid ) nor to any Indictment , Presentment , Inquisition , Information , or Appeal , any thing herein before expressed to the contrary thereof notwithstanding .

CAP. III.

An Act for Granting unto the Kings Majesty Twelve hundred and threescore thousand pounds to be Assessed and Levied by an Assessment of Threescore and ten thousand pounds by the Moneth , for Eighteen Moneths . EXP.

CAP. IV.

For enabling the Kings Majesty to make Leases , Grants , and Copies of Offices , Lands , Tenements , and Hereditaments , parcel of his Highness Dutchy of Cornwall , or annexed to the same ; and for Confirmation of Leases and Grants already made .

WHereas a great part of the Lands , part of , and annexed to the Dutchy of Cornwall , Stat. 22 Jac. cap. 29. have béen held by sundry Leases thereof made for years , and for one , two , and thrée lives , by means whereof the Tenants have fixed Estates , have béen encouraged to improve and manure the same , and have improved the same , and therein laid out great sums of Money in Building , and otherwise to the great advantage of the Publick ; And whereas for Twenty years and more , now last past , no such Leases have béen legally made ; so that it is probable most of the Tenants Estates will be determined , or near determination ere that there can be any Estates well and legally renewed , unless remedy therefore be provided ; by means whereof , Waste , Spoil , and Dilapidation are likely to happen , the Lands worn out and decayed , and great disturbance and impoverishment to the Tenants ;

And whereas on the like consideration , King Charles the First was by special Law enabled to make such Leases ; Be it Enacted by our Soveraign Lord the King , by , and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by authority of the same , That all Leases or Grants already made , Leases by the King of Lands . &c. of the Dutchy of Cornwall made good . or hereafter to be made within the space of thrée years now next ensuing by our said Soveraign Lord the King , by Letters Patents , Indentures , or other Writings under His Great Seal of England , or Seal of the Court of Exchequer , or by Copy of Court-Roll , according to the Customs of the respective Mannors of any Offices , Parks , Lands , Tenements , or Hereditaments ( other then Honors , Lordships , or Mannors ) parcel of the possessions of the said Dutchy of Cornwall , or annexed to the same , shall be good and effectual in Law , according to the Purport and Contents of the said Leases , Grants , and Copies , against our said Soveraign Lord the Kings Majesty , his Heirs and Successors , and against all and every person or persons , that shall hereafter have , inherit , or enjoy the said Dukedome of Cornwal , by force of any Act of Parliament , or other limitation whatsoever .

Leases for above 31 years or three lives excepted . Provided alwayes , That every such Lease so to be made of any Parks , Lands , Tenements , or Hereditaments in Possession , shall be made but for thrée lives or fewer , or for one and thirty years or under , or some other term of years determinable upon one , two , or thrée lives , and not above ; And if such Leases be made in Reversion , That then the same , together with the Estates in Possession , do not excéed thrée lives , or the term of one and thirty years , and not in any wise dispunishable of Waste ,

Not to be di●punishable of Waste .

The ancient rent to be reserved .

and so , as upon every such Lease , shall be reserved the ancient or most usual rent , or more , or such Rent as hath béen yielded or paid , for the greater part of twenty years , next before the making of the said Leases , and shall be reserved due and payable , by , or to him , or her that shall have the Inheritance , or other Estate of the said Parks , Lands , Tenements , or Hereditaments , and where no such Rent hath béen reserved or payable , That then upon every such Lease , there shall be reserved a reasonable Rent , not being under the fourth part of the clear yearly value of the Parks , Lands , Tenements , or Hereditaments , contained in such Lease .

Covenants & con●●sions in such leases , grants , or , &c. shall be good . And be it further Ordained and Enacted by Authority of this present Parliament , That all Covenants , Conditions , and Reservations , and other Agréements contained in every Lease , Grant , or Copy heretofore made , or hereafter so to be made as aforesaid , shall be good and effectual in Law , according to the words and contents of the same , as well for , and against them , to whom the Reversion of the same Lands , Tenements , or Hereditaments shall come , as for and against them , to whom the Interest of the said Leases , Grants , or Copies , shall come respectively , as if our Soveraign Lord the Kings Maiesty at the time of the making of such Covenants , Conditions , and Reservations , and other agréements were seised of an absolute Indefeasible Estate in Fée-simple in the same Lands , Saving of others Rights . Tenements , or Hereditaments ; Saving alwayes to all and every person and persons , Bodies Politick and Corporate , their Heirs and Successors , Executors , Administrators , and Assigns , ( other then our said Soveraign Lord the Kings Maiesty , and his Heirs , and all and every person and persons that shall hereafter have , inherit , or enjoy the said Dukedom of Cornwall , by force of any Act of Parliament , or other limitation whatsoever ) all such Rights , Titles , Estates , Customs , Interests , Terms , Claims , and demands whatsoever , of what kind , nature , or quality whatsoever , or in , to , or out of the said Offices , Lands , Tenements , or Hereditaments , or any of them , as they or any of them had , or ought to have had before the making of this Act , to all intents and purposes , and in as large and ample manner and form , as if this Act had never béen had or made ; this Act or any thing therein contained , to the contrary notwithstanding .

ACTS made in the Parliament begun and holden the 8th of May , Anno 13 Caroli Secundi Regis ; And Continued to the 19th of May , 14 Caroli Regis . And thence Prorogued to the 18th of February then next following .

CAP. I.

Certain Persons called Quakers , and others , refusing to take lawful Oaths .

VVHereas of late times certain persons under the names of Quakers , and other names of Separation , Quakers & seperations denying to take an Oath . have taken up , and maintained sundry dangerous Opinions and Tenents , and ( amongst others ) that the taking of an Oath in any case whatsoever , although before a lawful Magistrate , is altogether unlawful and contrary to the Word of God ; and the said persons do daily refuse to take an Oath , though lawfully tendred , whereby it often happens that the truth is wholly suppressed , and the Administration of Iustice much obstructed ; And whereas the said Persons under a pretence of Religious Worship , do often assemble themselves in great numbers in several parts of this Realm , to the great endangering of the Publick Peace and Safety , and to the terror of the People , by maintaining a secret and strict correspondence amongst themselves , and in the mean time separating and dividing themselves from the rest of his Majesties good and loyal Subjects , and from the Publick Congregations , and usual places of Divine Worship .

For the redressing therefore , and better preventing the many Mischiefs and dangers that do and may arise by such dangerous Tenents , and such unlawful Assemblies ; Be it Enacted by the Kings Most Excellent Majesty , by and with the advice and consent of the Lords Spiritual , and Temporal , and Commons Assembled in Parliament , and by Authority of the same , That if any person or persons who maintain that the taking of an Oath in any case whatsoever ( although before a lawfull Magistrate ) is altogether unlawful , The penalty for refusing to 12 ● a lawful Oath . 16 Car. 2. c. 4. and contrary to the Word of God , from and after the four and twentieth day of March , in this present year of our Lord , One thousand six hundred sixty and one , shall wilfully , and obstinately refuse to take an Oath , where , by the Laws of the Realm , he or she is , or shall be bound to take the same , being lawfully and duly tendred , or shall endeavour to perswade any other person , to whom any such Oath shall in like manner be duly and lawfully tendred , to refuse , and forbear the taking of the same , or shall by Printing , Writing , or otherwise , go about to maintain and defend that the taking of an Oath in any case whatsoever , is altogether unlawful ; And if the said persons commonly called Quakers , shall at any time after the said four and twentieth day of March , depart from the places of their several habitations , and assemble themselves to the number of five , or more , of the age of sixtéen years or upwards , at any one time , in any place , under pretence of joyning in a Religious worship , not authorized by the Laws of this Realm , that then in all and every such cases , the party so offending being thereof lawfully convict , by verdict of twelve men , or by his own confession , or by the notorious evidence of the fact , shall lose and forfeit to the Kings Majesty , his Heirs and Successors , for the first offence , such sum as shall be imposed upon him or her , not excéeding five pounds ; And if any person or persons , being once convicted of any such offence , shall again offend therein , and shall in form aforesaid , be thereof lawfully convicted , shall for the second offence forfeit to the King our Soveraign Lord , his Heirs and Successors , The second offence . such sum as shall be imposed upon him or her , not exceeding ten pounds : The said respective penalties to be levied by distress and Sale of the parties goods so convicted , by warrant of the parties before whom they shall be so convicted , rendring the overplus to the owners , if any be : and for want of such distress , or non-payment of the said penalty , within one wéek after such conviction , that then the said parties so convicted , shall for the first offence be committed to the Common-Goal , or house of Correction , for the space of thrée months ; and for the second offence , during six moneths , without bail or Mainprize , there to be kept at hard labour : which said monyes so to be levyed , shall be paid to such person or persons , as shall be appointed by those before whom they shall be convicted , to be imployed for the increase of the stock of the House of Correction , to which they shall be committed , and providing materials to set them on work . And if any person after he , in form aforesaid , hath béen twice convict of any of the said offences , shall offend the third time , and be thereof in form aforesaid lawfully convict , that then every person so offending and convict , The third offence . shall for his or her third offence abjure the Realm , or otherwise it shall and may be lawful to and for his Majesty , his Heirs and Successors , to give order , and to cause him , her , or them , to be transported in any Ship or Ships , to any of his Majesties Plantations beyond the Seas .

And it is Ordained and Enacted by the Authority aforesaid , Who may hear and determine the offences within this Act. That all and every Iustice of Oyer and Terminer , Iustices of Assize , and Goal-delivery , and the Iustices of the Peace shall have full Power and Authority in every of their open and General Sessions , to enquire , hear , and determine all and every the said Offences , within the limits of their Commission , to them directed , and to make Process for the execution of the same , as they may do against any person being indicted before them of Trespass , or lawfully convicted thereof .

And be it also Enacted , That it shall and may be lawful to , and for any Iustice of Peace , Mayor , or other chief Officer of any Corporation , within their several Iurisdictions , to commit to the Common Goal , or bind over with sufficient Sureties to the Quarter-Sessions , any person or persons offending in the Premisses , in order to his or their conviction aforesaid .

Provided alwayes , and be it hereby further Enacted , That if any of the said persons , How persons submitting may be discharged from the penalties . shall after such conviction as aforesaid , take such Oath or Oaths , for which he or she stands committed , and also give security , that he or she shall for the time to come , forbear to meet in any such unlawful Assembly as aforesaid , that then , and from thenceforth , such person and persons , shall be discharged from all the penalties aforesaid , any thing in this Act to the contrary notwithstanding .

Provided alwayes , and be it Ordained and Enacted by the Authority aforesaid , Lords of the Parliament . That all and singular Lords of the Parliament , for every third offence committed against the tenor of this Act , shall be tryed by their Péers , and not otherwise .

CAP. II.

For repairing the High-wayes and Sewers , and paving and keeping clean of the Streets , in and about London and Westminster , and for reforming of Annoyances and Disorders there ; and for the Regulating and Licensing of Hackney Coaches ; and for the enlarging of several strait and inconvenient Streets and Passages .

FOrasmuch as the Common High-wayes leading unto , and from the Cities of London and Westminster , and the Suburbs thereof , and other places within the present Wéekly Bills of Mortality , by reason of the multitude of Houses lately built , and through the stopping and filling up the Ditches and Sewers , and neglect of timely reparations , are at present , and for some years past have béen so miry and foul , as is not only very noisom , dangerous and inconvenient to the Inhabitants thereabouts , but to all the Kings Liege People , riding and travelling to and from the said Cities ; May it therefore please Your most Excellent Majesty , that it may be Enacted , And be it Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , Commissioners to be named by his Majesty under the Great seal for Surveying and cleansing the Streets & High-wayes . and by the Authority of the same , That for the Surveying , Ordering , and managing of the said High-wayes , Stréets , Allies , and other Passages within the said Cities and places aforesaid , and all things necessary for the Repairing , Paving , or kéeping clean thereof , there be from henceforward Commissioners to be nominated by his Majesty , under the Great Seal of England , not excéeding the number of one and twenty , besides such other Commissioners as are by this Act nominated and appointed ( whereof the Surveyor of his Majesties Works for the time being to be alwayes one ) that shall have their place of meeting , at the Office of his Majesties Works in Scotland-yard , or at some one other place , as they or the greater number of them at any meeting shall direct from time to time , as there shall be occasion ; which said Commissioners , or any Five or more of them , at their meeting as aforesaid , shall have full power and authority , to order and direct the making of any new Vaults or Sewers , or to cut into any Drein or Sewer already made , or the altering , enlarging , amending , cleansing , or scowring of any old Vaults , Sinks , or Common-Sewers , or for the making , amending , or altering of any new or old Pavements , or taking away of cross gutters or Channels , in all or any of the Streets and places aforesaid , and for the removing of all kind of Nusances , or any Encroachment by Sheds , Stalls , Bulks , Stoops , Posts , or Wall beyond the old Foundations into the Streets , in such places which shall be adjudged inconvenient , and to hinder the Passage ; Provided , that such encroachments as are aforementioned , which are Nusances , Encroachments that have continued 30 years not to be removed , but upon satisfaction to the parties . that have continued above thirty years last past , shall not be removed untill reasonable satisfaction shall be given by the said Commissioners , to the party or parties that shall suffer thereby . And if any person or persons that own the said Encroachments , or shall not accept of such reasonable satisfaction as shall be tendred or offered by the said Commissioners appointed for the streets , for the pulling down or removing such Nusances or Encroachments as have béen continued before the time aforesaid ;

The Barons of the Exchequer to judg of satisfaction it refused upon tender .

Conviction for encroachments upon view , and the penalty .

That then and in such cases of Refusal , the Barons of the Exchequer , upon a Petition preferred to them by the party grieved , shall have power , and are required by this Act to adjudg what satisfaction shall be fit for the said person or persons to receive for the removing or pulling down any such Nusances or Encroachment .

And to prevent for the future all manner of Timber , and other irregular Buildings , the said Commissioners , or any five or more of them , are hereby impowred to take a view of all such Nusances or Encroachments , and irregular Buildings , which said View shall be a good Conviction in Law ; and every person or persons having notice of the said View or Conviction , and shall not remove or take down such Nusances or Encroachments within one month after notice , shall forfeit forty shillings for every month the said Nusances or Encroachments shall afterwards continue .

And whereas the common High-wayes , and new built streets hereafter mentioned , are thought fit immediately to be repaired , new-paved , or otherwise amended ; namely , the street or way from the end of Petty-France to St. James House , Petti-France . St. Iames. Street . Pall-mall . and one other street from St. James House up to the High-way , and one other street in St. James Fields , commonly called the Pall-mall ; and also one other street beginning from the Mews up to Pickadilly , and from thence towards the Stone-bridg , Air-street . to the furthermost Building near the Bull at the corner of Air-Street : Be it therefore Enacted , That all and every person and persons , owners or inhabitants of all and every the houses built upon , or adjoyning to the said Wayes or Streets , so adjudged and thought fit to be paved and repaired , shall according to their several Interests and Estates , and in such proportions as the said Commissioners , or any five of them shall think fit , before the first day of May , One thousand six hundred sixty two , pay unto the said Commissioners , or any five or more of them , so met as aforesaid , which shall be nominated for the paving of the said wayes , or to such person or persons as they shall appoint , such sum and sums of money towards the paving of the said stréets or wayes , and for the buying of new stones and gravel , as shall amount to their several proportions , after the rate of sixtéen pence for every square yard which the ground shall contain , that lyes in front before every dwelling house , yards , or gardens belonging to the said dwelling house ; and in the same breadth , extending to the middle of the High-way or stréet which lyes before the said houses , yards , or gardens belonging to the said dwelling houses respectively .

No Hackney-Coaches to be without License . And for the better preserving of the said stréets , and for defraying of the residue of the charge of the said Pavements . Be it further Enacted , That from and after the first day of May , One thousand six hundred sixty and two , no person or persons shall presume to drive ( excepting Stage-Coaches ) or let to hire by the hour or day , or otherwise any Hackney-Coach or Coach-Horses , within the Cities of London and Westminster or Suburbs of the same , or within the Parishes comprised within the Bills of Mortality , without an especial leave or license from such Commissioners as his Majesty shall appoint under the Great Seal , for the Licensing and Regulating of Hackney-Coaches , according to the particular Provisions and Limitations of this Bill ; and that no Horse , Gelding , or Mare , to be used with such Coaches , shall be under the size of fourtéen hands high according to the Standard , and that the number to be licensed , shall not excéed Four hundred ; and that every Coach so licensed , shall have a mark of distinction by figure or otherwise , as the Commissioners shall think fit , to the end they may be known , if any complaint shall be made of them . And that no person shall be licensed to kéep more then two Coaches , which Coaches shall have every of them several Figures or Marks of distinction in the same manner , as if belonging to several persons ; and that no person shall presume to put the same figure or mark of distinction upon his Coach , that is appointed for any other Coach , under the forfeiture of five pounds for every such Offence , one moyety whereof shall be to the Informer , and the other moyety to be paid to the Commissioners that shall be appointed for the Paving and amending the Stréets .

Who may be licensed to keep Hackney-Coaches . And the said Commissioners for the licensing and regulating of Coaches , are to take especial care , not to license any person to drive or kéep any Hackney-Coach or Coach-horses , that useth any other Trade or Occupation : and in the first place to license all such persons , as have been ancient Coachmen , or such Coachmen as have suffered for their Service and affections to his late Majesty , or his Majesty that now is , or the Widow or Widows of any of them , that have Coaches of their own .

And in case the said Commissioners shall license more then the said number of Four hundred Coaches , every of the said Commissioners so licensing , shall forfeit the sum of one hundred pounds , Hackney Coaches not to exceed 400 in number . for every such Coach so licensed above the said number , whereof twenty pounds to the Informer , and the residue to be for the Repairing and paving the Ways and Stréets , to be levied by Distress , by Warrant under the Hands and Seals of Five or more of the other Commissioners , that shall be appointed for the Paving and mending of the Stréets and High-Wayes .

And be it further Enacted by the Authority aforesaid , That no Hackney Coachmen so licensed , The several rates allowed for Hackney Coaches . shall presume to take for his Hire in or about the Cities of London and Westminster , above the rate of ten shillings for a day , reckoning twelve hours to the day , and by the hour not above eightéen pence for the first hour , and twelve pence for every hour after , and that no Gentleman or other person , shall pay from any of the Inns of Court or thereabouts to any part of St. James or City of Westminster , ( except beyond Tuttle-street ) above Twelve pence , and the same prizes from the same places to the Inns of Court or places thereabouts , and from any of the said Inns of Court , or thereabouts , to the Royal-Exchange , twelve pence , and if to the Tower of London , or to Bishops-gate-stréet , or Aldgate , or thereabouts , eightéen pence , and so from the same places to the said Inns of Court as aforesaid , The penalty for exacting more . and the like rates from and to any place at the like distance with the places before mentioned . And if any Coachman shall refuse to go at , or shall exact more for his hire , then the several rates hereby limited , he shall for every such offence forfeit the sum of ten shillings .

And be it further Enacted , That every Coach so licensed as aforesaid , shall pay to the Commissioners that shall be appointed for the regulating and Licensing of Hackney-Coaches , the yearly rent of five pounds , and no more , whereof fifty shillings shall be paid at or before the twenty sixth day of May , One thousand six hundred sixty and two , and the sum of five and twenty shillings at or upon the Feast day of St. Michael the Archangel next coming , and Twenty five shillings at the Feast of the Nativity of our Lord Christ ; and from henceforward to be paid Quarterly at the four most usual Feasts of the Year , by equall portions ( that is to say ) at the Annunciation of the Blessed Virgin , St. John the Baptist , St. Michael the Arch-angel , and the Nativity of our Lord Christ ; which said sum and sums of money , the said Commissioners for the Hackney-Coaches shall from time to time , pay or cause to be paid to the Commissioners appointed for the paving and amending of the Stréets and High-wayes , within this Bill contained , or to such Treasurer or Receiver , as they shall appoint ; and the said Commissioners for Hackney-Coaches , shall likewise from time to time , certify to the Commissioners appointed for the paving of the Stréets and High-wayes , the names and dwellings of all such persons , as they shall license to drive or kéep Hackney-Coaches , together with the several Figures or Marks of distinction , which are appointed to belong , and be affixed to the several Coaches , to the intent that discovery may the better be made of any abuses that shall be committed , if any shall presume to affix the Figure or Mark of distinction to any Coach , which belong of right to another and whereby the Commissioners for the paving and amending the Stréets and High-wayes , shall be enabled to call the said Commissioners for the Hackney-Coaches to a true and due accompt : And in case any overplus shall be of the Moneys appointed by this Act to be raised for the Paving and Mending the Wayes and Stréets as aforesaid , then such overplus shall be imployed towards the Enlargement of such Stréets or places as are to be enlarged by vertue of this Act.

And be it further Enacted by the Authority aforesaid , That every Load of Hay , Every load of hay and straw rated towards mending the street . which from the first day of May , One thousand six hundred sixty and two , shall be brought and stand to be sold upon any the Wayes hereby in this Act expressed , and adjudged fit to be new paved , shall pay six pence for every Load ; and likewise every Cart of Straw to be sold in the said places , shall after the said day , pay two pence , which said sums shall be paid to the Commissioners , which shall be appointed for the Paving and Amending the High-wayes and Stréets , or such as they shall appoint , for and towards the Paving of the Stréets and High-wayes .

And be it further Enacted by the Authority aforesaid , That all Fines , Rents , How the penalties upon this Act may be levied . Forfeitures and Penalties , as shall grow due and payable to the said Commissioners by this Act , shall be levied by Distress upon the Goods and Chattels of the Offender or Offenders , by Warrant under the hands and Seals of the Commissioners , or any five or more of them , which shall be appointed by his Majesty , which shall be sold within fourtéen dayes , and the Overplus returned to the Owner ; and in default of Distress or not payment , the person or persons so offending , or neglecting to pay , shall lye in Prison without Bail or Mainprize , till he or they have paid such Rent , Fine , Forfeiture , and Penalty as was due from him or them .

And the said Commissioners for the Stréets and Wayes , The Commissioners may appoint a Treasurer , Clerk , & other Officers for the service . or any Five or more of them so met as aforesaid , are hereby impowred to appoint a Treasurer or Collector and Clerk to attend them , or such other Officer or Officers , as they shall find necessary for the carrying on of the said Service , with such moderate Allowances as shall be fit : and in case any person shall propose to carry away the ashes , dirt , and other filth , for all or any the places aforesaid at less rates then the yearly Raker or Vndertaker can or will perform the same , the said Commissioners shall have power , and are hereby authorized to contract with such person , and for such term as they shall think fit ; and they are also to require an accompt from time to time of all Scavengers within the said places , and all other person or persons that shall receive or disburse any moneys for the purposes in this Bill contained , And may hear and determine all differences about paving and cleansing the streets . as often as they , or any Five or more of them , so met as aforesaid , shall think fitting and necessary , and shall hear and determine all Disputes and Differences concerning the Right and Duty of Paving and kéeping clean any of the Stréets , Lanes , or Allies , or publick yards within the places aforesaid .

The power & duties of Scavengers and Rakers . Provided alwayes , That the respective Scavengers , Rakers , or other Vndertakers , shall have liberty by the approbation of the said Commissioners , or any five or more of them , so met as aforesaid , to lodg their Ashes , Dust , Dirt , or other filth , in such vacant publick places , in or near the Stréets or High-wayes , as shall be thought convenient by the said Commissioners , for the accommodation of Countrey Carts returning empty : And the said Scavengers , Rakers , or other Vndertakers , shall have liberty to pass through such Wharfs , Docks , or Yards , with their Ashes , Dust , Dirt , &c. as shall be judged by the Commissioners to be most commodious for the carrying the same by Water , they giving satisfaction to the Owners or Occupiers of such Wharfs or Yards ; and in case of unreasonable Demands , the said Commissioners shall hear , moderate , and determine the same according to Equity and good Conscience ; and in case any person or persons shall find him or themselves agrieved or prejudiced by such Determination of the said Commissioners , How persons grieved may appeal . or by any other the Acts or Procéedings of the said Commissioners , wherein he or they shall conceive themselves relievable in Iustice or Equity ; the said party so agrieved , shall and may have recourse in all cases to the Lord Treasurer , Chancellor of the Exchequer , and Barons of the Court of Exchequer , to set forth his or their Case by Petition , Bill , or Plaint : And the said Court is hereby impowred in such case of Appeal , to hear and determine all matters to them complained of , concerning the same ; and thereupon to revoke , make void , alter , or confirm such Acts or Procéedings of the said Commissioners , as shall be agréeable to Equity and Iustice .

The Commissioners to be be called to accompt in the Exchequer yearly . And the said Court of Exchequer is hereby also further impowred yearly to call the said Commissioners to an account , for all Rents , Fines , Penalties , Contributions , or any other sum or sums of Money , payable , or that shall come to their or any of their hands for any of the purposes in this Act intended .

And the said Commissioners are hereby required at or before every Trinity Term , to deliver in a true account before the Barons of the said Court , of all their Receipts and Disbursments for the Year , ended at Easter then past , and in default thereof , Process shall of course be made forth against the said Commissioners , by the Clerk of the Extracts of the said Court , at the Sealing-day for the said Trinity-Term , every Year respectively .

And be it further Enacted by the Authority aforesaid , That the Decrée made at a Session of Sewers at Westminster-Hall , Westminster . within the City of Westminster , and County of Middlesex , the eighth day of August , One thousand six hundred sixty and one , holden before John Lord Roberts , Lord Privy Seal ; James Duke of Ormond in the Kingdom of Ireland , Lord Steward of his Majesties Houshold , and Earl of Brecknock ; Mountague Earl of Lindsey ; Edward Earl of Manchester , and others the Commissioners of Sewers , then and there assembled by Authority of his Majesties Commission of Sewers , to them and others directed , for the making of two new Sewers , and enlarging and amending the old Sewers near Charing-Cross , for conveying the Water away from annoying his Majesties Palace at White-Hall , be , and is hereby ratified , and confirmed , and shall be put in execution according to the true intent and meaning thereof , with full power to levy all the Arrears , as by a Commission of Sewers can or may be done : And all and every person and persons imployed , or that have acted therein , be and are hereby indemnified , and saved harmless from all manner of Suits and Actions that may or shall be brought against any of them for the same .

And whereas great quantities of Sea-coal-ashes , dust , dirt , and other filth , of late times have béen , and daily are thrown into the Stréets , Lanes , and Allies of the Cities of London and Westminster , and Borough of Southwark , and other parts adjacent , to the great Annoyance of Your Majesties good People ; Be it therefore Enacted by the Authority aforesaid , That all and every person and persons inhabiting within the said Cities of London and Westminster , and the Suburbs and Liberties thereof , and the Borough of Southwark , or in any of the said new built stréets , Lanes , All streets and lanes to be cleansed every week . or Allies , shall from the first day of May , One thousand six hundred sixty and two , swéep and cleanse , or cause to be swept and cleansed , all the Stréets , Lanes , Allyes , and publick places before their respective Houses , Buildings and Walls , twice every wéek , that is to say , on every Wednesday , and every Saturday in the wéek , and all the soil , dirt and other filth , shall cause to be taken up into Baskets , Tubbs , or other Vessels ready for the Raker , Scavenger , or other Officer appointed for that purpose to carry away ,

The penalties for neglect thereof .

None to cast any ashes or dust before their houses . The penalty .

upon pain to forfeit thrée shillings and four pence for every offence or neglect respectively .

And that no person or persons whatsoever shall throw , cast or lay , or cause , permit , or suffer to be thrown , cast , or laid , any Sea-coal-ashes , dust , dirt , or other filth or annoyance in any open Street , Lane or Alley , within the said Cities or places aforesaid , before or against his , her , or their own dwelling Houses , Buildings or Walls , on the Penalty of five shillings ; and if before the Houses , Buildings or Walls of any of their Neighbours , or other the Inhabitants of the Cities or Places aforesaid , or before or against any Church or Church-yard , or any of his Majesties Houses , Buildings or Walls , or any other publick Houses , Buildings or places whatsoever , or shall cast , lay or throw , or cause to be cast , laid or thrown into any common or publick Sink , Vault , Water-course , common Sewer or High-way , within the said Cities or places aforesaid , or any other private Vault , or Sink of any of his Neighbours , or other Inhabitants , any Ashes , Dust , Filth , Ordure , or other noysome thing whatsoever ; but shall kéep , or cause the same to be kept in their respective Houses , Back-sides , or Yards , untill such time as the Raker , Scavenger , or other Officer thereto appointed , of the Ward , Parish , Stréet , or place where they dwell , do come by , or near their houses , or doors , with his Cart , Barrow , or other thing or things used for cleansing the Streets , and carrying away thereof ; and then shall carry , or cause to be carried the said Ashes , Dust , or other Filth and Annoyance aforesaid , forth of their houses , and deliver it unto the said Raker , Scavenger , or Officer , or otherwise put the same in his Cart ; Barrow , or other thing as aforesaid , upon pain to forfeit the sum of twenty shillings for every such Offence .

And be it further Enacted , That the respective Church-Wardens , White-Hall , Church-yards and houses of Noblemen . the House-kéepers of White-Hall , and other his Majesties Houses ; House-kéepers , or Porters of Noble-mens houses ; Vshers , Porters or Kéepers of Courts of Iustice , and all other Publick Houses and Places respectively , shall be lyable to , and shall suffer the like Penalties , Forfeitures , and Punishments for every the before-mentioned Offences , or Neglects , committed , done , or suffered to be done before any Church , or Church-yard , or before any of His Majesties Houses , Buildings , or Walls , or before any Noblemens Houses , Buildings , or Walls , or before any other publick houses , Buildings , or places whatsoever respectively .

And be it further Enacted by the Authority aforesaid , That from and after the first day of May , No Barrels , Tymber , coaches or other things to be see or mended in the streets . The Penalty . The duty of the Scavengers & Rakers weekly . One thousand six hundred sixty and two , no person or persons shall Hoop , Wash , or cleanse any Pipes , Barrells , or other Casks or Vessels in any the Stréets , Lanes , or open Passages aforesaid , nor shall set out empty Coaches , to make or mend , or rough Timber , or Stones to be sawn , or wrought in the Stréets , on the Penalty of twenty shillings for every Offence .

And be it further Enacted by the Authority aforesaid , That the Rakers , Scavengers , or other Officers thereunto appointed , every day in the Wéek ( except Sundayes and other Holidayes ) shall bring or cause to be brought , Carts , Dung-pots , or other fitting Carriages , into all Stréets and places within their respective Wards , Parishes , Charges , and Divisions where such Carts or Carriages can pass ; and at or before their approach , by a Bell , Horn , Clapper , or otherwise , shall make distinct and loud noise , and give notice to the Inhabitants of their coming , and make the like noise , and give the like notice in every Court , Alley , or Place , into which the said Carts cannot pass , and abide , and stay there a convenient time , in such sort , that all persons concerned , may bring forth their respective Ashes , Dust , Dirt , Filth , and Soil , to the respective Carts , or Carriages , so staying as aforesaid ; all which , the said Rakers , Scavengers , or other Officers aforesaid , shall daily carry , or cause to be carried away , upon pain to forfeit forty shillings for every offence or neglect respectively .

And be it further Enacted by the Authority aforesaid , That all the open Stréets , All open streets to be paved and so kept by the several housholders . Lanes and Alleyes within the said Cities and Places aforesaid ( excepting only the new Paving of such Stréets and Places , for which any of the Inhabitants have contributed and paid their respective Proportions to the Commissioners before named , according to the rates aforesaid ) shall be forthwith sufficiently repaired , or Paved , and from time to time hereafter maintained and kept sufficiently repaired or Paved , at the costs and charges of the Housholders in the same Stréets , Lanes and Alleys respectively , in manner following ( that is to say ) every of the said Housholders to repair and pave , and to kéep repaired and paved , the Stréets , Lanes , or Alleys before his house , and so far as his housing , Walls or Building extend , unto the Channel , or middle of the same Stréet , Lane , or Alley , upon pain to forfeit Twenty shillings for every Perch or Rod , ( and after that Rate for a greater or lesser quantity ) for every Default , The penalty for not paving . and of Twenty shillings a wéek for every wéek after , untill the same shall be sufficiently paved and amended .

Provided alwayes , That such ancient Stréets , Lanes , and Alleys within the said Cities , Proviso for the Borough of Southwark or either of them , the Suburbs and Liberties thereof , and Borough of Southwark , as by custom and usage have béen repaired and paved in other manner , shall be hereafter repaired , paved and maintained in such sort and manner , and by such person and persons , as have heretofore used to repair , pave and maintain the same , under the penalties aforesaid . Any thing in this Act contained to the contrary thereof in any wise notwithstanding .

And be it further Enacted by the Authority aforesaid , Candles or lights to be hung out every night from Michaelmas to Lady-day . That every housholder within the said Cities , the Suburbs and Liberties thereof , and in all other the places aforesaid , whose house adjoyns unto , and is next the stréet , from Michaelmas untill our Lady-day yearly , shall every night set or hang out Candles or Lights in Lanthorns , or otherwise , in some part of his house next the Stréet , to enlighten the same for Passengers , from such time as it shall grow dark , untill nine of the Clock in the Evening , upon pain to forfeit the sum of one shilling for every default .

Who may convict persons offending and upon view or otherwise levy the penalties by this Act. And for the more speedy Reformation and punishment of all and every the offences aforesaid , Be it further Enacted by the Authority aforesaid , That every one of his Majesties Iustices of either Bench , and Barons of his Exchequer , and every Iustice of Peace of the said Cities of London and Westminster , and places aforesaid ( within their several limits respectively ) shall have power and Authority upon his own knowledg , or view , confession of the party , or proof of one credible witness upon Oath before him ( which oath by vertue of this Act , such Iustice shall have power to administer ) to convict any person or persons of any the offences aforesaid , whereby such person or persons so convict , shall incur the Penalties and forfeitures aforesaid , one moyety whereof shall be disposed and imployed for and towards the reparation , paving and cleansing of the stréet or place where the offence shall be committed , and as much , or all of the other moyety as the Iustice shall think fit , for him or them that shall discover and prosecute the same , in case the said conviction be by such discovery and prosecution ; and if the conviction be by the view or knowledg of such Iustices , then the said whole penalty to go and be imployed for and towards the repairing , paving , and cleansing of the said stréets , or place , and shall be levied by distress and sale of the Goods and Chattels of the offender , by Warrant under the hand and seal of any such Iustice , to be directed to the Constable , or any other Officer of the same Parish , rendring the surplusage to the party , and in default of distress , or not payment of the said penalties , within six dayes after demand thereof , or notice in writing , left at the house or dwelling place of the offender , by the said Constable , or any other Officer , the said offender not being a Péer of this Realm , shall be committed to the Common Goal of the said County or City respectively , by the Warrant of any such Iustice under his hand and Seal , there to remain without Bail or Mainprize untill payment .

And for the better raising and levying of moneyes to defray the charges , and pay the Wages of the said Scavengers , Rakers , or other Officers imployed in cleansing of the Stréets , Lanes , Alleyes , and other places aforesaid , and carrying of the said ashes , dirt , filth , and soil ; Be it further Enacted by the Authority aforesaid , Rates and taxes to be made for defraying the charges and wages of Scavengers and others . That within the City of London and Liberties thereof , the Scavengers , Rakers , and such like Officers , shall be elected , and the Rates , Taxes , and Assesments for Scavengers , Rakers , and such like Officers wages , for cleansing the Stréets , shall be rated , taxed , assessed , raised and paid by the Parishioners and Inhabitants of every Parish and Precinct respectively , within the said City and Liberties thereof , according to the ancient Custom and usage of the said City . And the Receivers of all such moneyes shall be accomptable as formerly ; And all new Messuages , Tenements and Houses , within the limits aforesaid , shall be likewise rated , taxed and assessed , and shall pay proportionably with others ; And that within the City of Westminster , the said Officers shall be chosen , and the Rates made and paid according to the ancient Custom of the said City ; How and when to elect Scavengers . And in all other the Parishes and places aforesaid , upon every Tuesday or Wednesday in Easter-Wéek , the Constables , Churchwardens , and Overséers for the Poor , and Surveyors of the High-wayes of every of the said Parishes and places respectively , or the greater number of them , giving notice unto , or calling together such other Inhabitants of their respective Parishes as have formerly born the like Offices therein , they or the greater number of them shall make choice of , and shall nominate and appoint two or more able persons that are Tradesmen of their Parish , to be Scavengers for the Stréets , Lanes , and other open Passages of each Ward and Division , within the said Parish , for the year then next following , and untill others be chosen and setled in their Places ; which persons so chosen , and being approved , and confirmed under the hands of any two Iustices of Peace within their respective Limits and Iurisdictions , shall within seven dayes after their Election and Confirmation , and notice thereof , take that Office and Duty upon them , upon pain to forfeit Twenty pounds by every refuser respectively . And in case of refusal by any person or persons so chosen and confirmed , then other able persons shall be chosen and confirmed in manner aforesaid , within seven dayes after such refusal , in the place of him or them which shall so refuse ; and the person or persons so chosen and confirmed , and having notice thereof , shall undergo the like pain , in case of refusal , or not taking the said Office and Duty upon him or them within seven dayes after he or they shall be chosen and confirmed , and have notice thereof as aforesaid , The said Penalties to be disposed and employed for , or towards the mending and repairing of the Stréets and Wayes of the same Parish , Ward , or Division , and to be levyed by Distress and Sale of the Goods and Chattels of the Offender , by Warrant under the hand and seal of any Iustice of the Peace of any of the places aforesaid , to be directed to the Constables , or other Officers of the same Parish , or any two or more of them ( rendring the surplusage to the party ) and in default of distress , or not payment within six dayes after demand thereof or notice left in writing , at the house or dwelling place of the offender , by the said Constables or officers , the said offender to be committed to the Goal of the said County or City respectively , by the Warrant of any such Iustice , under his hand and seal , there to remain without Bail or Mainprize , untill payment .

And be it further Enacted by the Authority aforesaid , That within twenty dayes after the Election and Confirmation of the said Scavengers as aforesaid , the Constables , Churchwardens , and Overseers for the Poor , and of the High-wayes of the said Parishes , and places respectively or the greater number of them , giving notice unto , or calling together such Inhabitants of their respective Parishes , as have formerly born the like office therein ; They or the greater number of them then present , shall make and settle a Tax , Rate , or Assessment , Taxes and Assesments to be made yearly by a Pound-rate . according to a Pound-rate , to be imposed or set upon the Inhabitants of the said Parish , Ward , or Division , for the year following , for the purposes aforesaid ; which being allowed , and confirmed by any two of the Iustices of the Peace of the places aforesaid respectively , shall be quarterly paid by every respective Inhabitant , upon demand made thereof by the Beadle of the Parish , or other officer appointed to gather and collect the same : And in case of refusal or neglect , shall by Warrant of any two such Iustices of the Peace , under their hands and seals , be levied by distress and sale of the offenders goods ; and for want of distress , by imprisonment of the offender , ( he not being a Peer of this Realm ) untill payment as aforesaid .

Provided alwayes , and be it Enacted by the Authority aforesaid , Actions brought against any Commissioner or Officer imployed by this Act ; the Defendant may plead the General issue . That if any Action or Suit shall be brought , or prosecuted by any person or persons , against any Iudg , Commissioner , Iustice of the Peace , Constable , or other Officer , or Minister aforesaid , or against any person or persons imployed by them , or any of them , or authorized by this Act to do or perform , as by this Act is directed , for any matter , cause , or thing , by them or any of them done , committed , or executed , by vertue or reason of this Act , or any Clause or Article therein contained ; that then in every such case , the Action shall be laid in the proper County where the fact was done , and not elsewhere ; and the Defendant or Defendants may plead the General Issue , And give the special matter in Evidence . and give the special Matter in Evidence at the Tryal , That the same was done in pursuance , and by Authority of this Act : And if upon Examination it shall so appear to be done , the Iury shall find for the Defendant ; and in such case , or if the Plaintiff shall be Nonsuit , or discontinue his Action after the Defendant hath appeared , the Defendant shall have , and recover his or their double costs , which he , or they shall sustain , or be put unto , by reason of his or their wrongful vexation , in defence of the said Action or Suit .

And whereas the several Stréets and Passages hereafter mentioned ( that is to say ) The Stréet or Passage at or near the Stocks in London ; The enlargement of Passage in narrow and incommodious streets . the Stréet and Passage from Fleet-Conduit to St. Pauls Church in London ; the Passage through the White-Hart-Inn from the Strand into Covent-Garden ; the Stréet and Passage by and near Exeter-House and the Savoy , being obstructed by a Rail , and the unevenness of the ground thereabouts ; the Passage and Stréet of St. Martins-Lane out of the Strand ; the Passage or Stréet of Field-Lane , commonly called Jack-an-apes-lane , going betwéen Chancery-Lane and Lincolns-Inn-Fields ; the Passage and Gate-house of Cheap-Side into St. Pauls Church-yard ; the Passage against St. Dunstans Church in the West ( being obstructed by a Wall ) the Street and Passage by and near the West-end of the Poultrey in London , and the Passage at Temple-Bar , are so narrow that they are incommodious to Coaches , Carts and Passengers , and prejudicial to Commerce and Trading ; The Lord Mayor of London and others , Commissioners , may treat with persons concerned for their Interests in houses obstructing such passage . Be it Enacted by the Authority aforesaid , That the Lord Mayor of the City of London , the Recorder and Aldermen for the time being , together with such other Commissioners as his Majesty shall appoint under the Great Seal of England , or any five of them , shall have full Power and Authority , to receive all Subscriptions and payments of voluntary contributions of money or other endowments towards the Amendment and Enlargement of the Stréets and Places before-named , or so much of them , or any of them , as the said Commissioners , or any five or more of them shall judg fit and necessary , And are hereby further impowred to treat and agree with the Owners and Occupiers of any such Houses , as they shall judg fit to be removed , rebuilt , or pulled down ; or any part of them , and upon payment of such sum or sums of money so agréed upon , are hereby authorized to appoint Workmen to pull the said houses down , or cause the said Owners or Occupiers to rebuild accordingly , and this Act shall be sufficient to indempnify the said Commissioners , and all persons authorized by them , against the Heirs , Executors , Administrators , or Assigns of any the said Owners or Occupiers , as if the same had béen sold by Déed , Feoffment , Bargain and Sale , or other Assurance in the Law , and done by Fine and Recovery , or any other way whatsoever ; And if there shall be any persons , Bodies Corporate or Collegiate , that shall wilfully refuse to treat and agrée , as aforesaid , or through any disability by Non-age , Coverture , or a special Entail , or other Impediment cannot , That in such Cases the said Commissioners are hereby authorized by vertue of this Act , to issue out Warrant or Warrants to the Sheriffs of London , who are hereby required accordingly to impannel and return a Iury before the said Commissioners , or any five of them , which Iury upon their Oaths to be administred by the said Commissioners , are to enquire and assess such damage and recompence as they shall judg fit to be awarded to the Owners and Occupiers , or either of them , of any such houses , or any part thereof , for their respective Estates and Interests in the same , as by the said Commissioners shall be adjudged fit to be pulled down for the purposes aforesaid : and such Verdict of the Iury , and Iudgment of the said Commissioners thereupon , and the legal payment , or tender of the sum or sums of money so awarded and adjudged , shall be binding to all intents and purposes against the said Parties , their Heirs , Executors , Administrators and Assigns , and others claiming any Title or Interest in the said Houses , or in the ground whereupon they stand , or thereunto belonging , and shall be a full Authority for the said Commissioners or any five of them , to cause the same to be executed , and the said Houses accordingly to be removed and pulled down .

And whereas the Houses that shall remain standing on the other side the said Stréet or Stréets , or behind the said houses that shall be so pulled down as aforesaid , will receive much advantage in the value of their Rents , by the liberty of Ayr , and frée recourse for Trade , and other conveniencies by such enlargement ; It is also Enacted by Authority aforesaid , That in case of refusal , or in capacity , What may be done in case of refusal to compound with the Commissioners . as aforesaid , of the Owners or Occupiers of the said houses , to agrée and compound with the Commissioners for the same , thereupon a Iury shall and may be Impanelled in manner and form aforesaid , to Iudg and Assess upon the Owners and Occupiers of such houses , such competent sum or sums of money , or Annual Rent , in consideration of such Improvement and Melioration , as in reason and good Conscience they shall judg and think fit ; which said sum and sums of money , or Rent , shall be paid to the Chamberlain of the City of London for the time being , and such other Treasurer or Treasurers as shall be appointed by the said Commissioners , or any five or more of them , who are hereby enabled from time to time , to receive and recover the same by Action at Law , and whose Receipt shall be a good discharge to the said Owners and Tenants , and who are hereby appointed to receive and pay , and be accomptable for the same according to such directions as shall from time to time be given them by the said Commissioners : and the moneys so raised , or Rents so received , shall be expended upon the Purchasing or Re-building houses on the other side the Stréet , and upon Paving and amending of the Ways and Stréets aforesaid , according to the purport of this Act. And the said Verdict of the Iury , and Iudgment of the Commissioners in the cases aforesaid , shall be sufficient and conclusive in Law , to all intents and purposes , against the said Owners and Occupiers , their Heirs , Executors , Administrators and Assigns .

Every Commissioner to take an Oath for the faithful performance of this Act. Provided alwayes , And be it further Enacted by the Authority aforesaid , That no person shall be enabled to act as a Commissioner to the intents and purposes aforesaid , untill he shall first have taken his Corporal Oath before the Lord Chancellor , or Lord High Treasurer of England for the time being , for the due and impartial execution of the Trusts by this Act committed to him .

Lord Mayor and Aldermen to be commissioners in London .

The Dean , High steward , Deputy-steward and two High Burgesses in Westm. The continuance of this Act.

Provided also , That the Lord Mayor , Recorder , and Aldermen of the City of London for the time being , shall be , and are hereby authorized to be Ioynt-Commissioners and to exercise all the Powers of this Act , to all the ends and purposes thereof , which are to be ordered , done , or executed within the said City , or the Liberties thereof : And likewise , That the Dean of Westminster , the High Steward , and his Deputy-Steward , and the two High Burgesses of the said City of Westminster for the time being , shall be , and are hereby authorized to be Ioynt-Commissioners , and to exercise all the Powers of this Act , to all the ends and purposes thereof , which are to be ordered , done , or executed within the said City of Westminster , or the Liberties thereof , Any thing in this Act to the contrary notwithstanding . This Act to continue , and be in force untill the end of the First Session of the next Parliament .

Anno XIV . Caroli II. Regis .

CAP. III.

For Ordering the Forces in the several Counties of this Kingdome .

The sole and supream power and command of the Militia in the Kings Majesty , his heirs and Successors . 13 Car. 2. cap. 6. FOrasmuch as within all His Majesties Realms and Dominions , the sole and Supream Power , Government , Command and Disposition of the Militia , and of all Forces by Sea and Land , and of all Forts and places of Strength is , and by the Laws of England , ever was the undoubted Right of His Majesty , and His Royal Predecessors , Kings and Quéens of England ; and that both , or either of the Houses of Parliament , cannot , nor ought to pretend to the same ; nor can , nor lawfully may raise , or levy any War , Offensive or Defensive , against His Majesty , His Heirs , or lawfull Successors ; and yet the contrary thereof hath of late years béen practised , almost to the ruine and destruction of this Kingdom ; and during the late usurped Governments , many evil and rebellious principles have béen instilled into the minds of the people of this Kingdom , which may break forth , unless prevented , to the disturbance of the peace and quiet thereof ;

His Majesty may issue out Commissions of Lieutenancy to such persons as he shall think fit , for the several counties , cities , &c. The power of the said Lieutenants . 25 Car. 2. cap. 4. Stat. 3. Be it therefore Declared and Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in Parliament Assembled , and by the Authority of the same , That the Kings most Excellent Majesty , his Heirs and Successors , shall , and may from time to time , as occasion shall require , issue forth several Commissions of Lieutenancy to such persons as his Majesty , his Heirs and Successors shall think fit to be his Majesties Lieutenants for the several and respective Counties , Cities , and places of England , and Dominion of Wales , and Town of Berwick upon Tweed ; which Lieutenants shall have full power and authority to call together all such persons at such times , and to arm , and aray them in such manner as is hereafter expressed and declared ; and to form them into Companies Troops , and Regiments ; and in case of Insurrection , Rebellion , or Invasion , them to lead , conduct , and imploy , or cause to be led , conducted and imployed , as well within the said several Counties , Cities , and places for which they shall be Commissionated respectively , as also into any other the Counties and Places aforesaid , for suppressing of all such Insurrections and Rebellions , and repelling of Invasions , as may happen to be , according as they shall from time to time receive directions from His Majesty , His Heirs and Successors ; And that the said respective Lieutenants shall have full Power and Authority from time to time , to constitute , appoint , and give Commissions to such persons as they shall think fit to be Colonels , Majors , Captains , The Deputy-Lieutenants to be named to and approved of by his Majesty . and other Commission-Officers of the said persons so to be armed , arrayed and weaponed , and to present to His Majesty , His Heirs and Successors , the names of such person and persons as they shall think fit to be Deputy-Lieutenants , and upon His Maiesties approbation of them , shall give them Deputations accordingly ; always understood , That His Maiesty , His Heirs and Successors have power and authority to direct and order otherwise , and accordingly at his and their pleasure , may appoint and commissionate , or displace such Officers ; Any thing in this Act to the contrary notwithstanding : And that the said Lieutenants respectively , and in their absence , out of the Precincts and Limits of their respective Lieutenancies , or otherwise by their directions , the said Deputy-Lieutenants , The power of the Deputy-Lieutenants . during their said respective Deputations , or any two or more of them , shall have power from time to time , to train , exercise , and put in readiness ; and also to lead and conduct the persons so to be armed , arrayed and weaponed , by the directions , and to the intents and purposes , as is hereafter expressed and declared .

And for the providing Horse and Arms , and Furniture thereunto belonging , for the Arming and Weaponing the persons aforesaid , and also for the defraying and paying the necessary charges thereunto belonging , in manner as hereafter followeth ; Be it further Enacted , The manner of charging and providing Horse and Arms , &c. That the said respective Lieutenants within the several Counties , Cities , and Places for which they are nominated respectively , and their Deputies , or the major part of such Lieutenants , and Deputy-Lieutenants then present ; or in the absence of the Lieutenant or Lieutenants , the major part of the Deputy-Lieutenants then present , which major part shall be thrée at the least , have hereby full Power and Authority to charge any person with Horse , Horse-man and Arms , or with Foot-Souldier and Arms , in the same County , Shire , City , Burrough , or Town-Corporate , where his , her , or their Estates lye , having respect unto , and not excéeding the limitations and proportions hereafter mentioned ( that is to say ) , No person shall be charged with finding a Horse , Horse-man and Arms , unless such person or persons have a Revenue of Five hundred pounds by the year in possession , or have an Estate of Six thousand pounds in Goods or Money , besides the Furniture of his or their Houses , and so proportionably for a greater Estate in Lands in possession , or Goods , as the respective Lieutenants , and their Deputies as aforesaid , in their discretions shall sée cause , and think reasonable ; And they are not to charge any person with finding a Foot-Souldier and Arms , that hath not a yearly Revenue of Fifty pounds in possession , or a personal Estate of Six hundred pounds in Goods or Moneys ( other then the stock upon the ground ) and after the aforesaid rate proportionably for a greater or lesser Revenue or Estate ; Nor shall they charge any person with the finding both of Horse and Foot in the same County .

Provided , That no person chargeable by this Act to find an Horse and Horse-man with Arms , No person charged with or towards an Horse , may be charged also towards foot-arms . or to be contributory towards finding an Horse and Horse-man with Arms , shall for the same Estate be chargeable towards finding a Foot-Souldier with Arms , or contributory thereunto : And it shall be lawful to and for the respective Lieutenants and Deputies , or any thrée or more of them as aforesaid , to impose the finding and providing of Horse , Horse-man and Arms , as aforesaid , by joyning two or thrée , or more persons together in the Charge , as to their Iudgment shall appear most conducible to the service of this Kingdome .

Provided , That no person that hath not One hundred pounds per annum in possession in Lands ,

What persons and Estate only chargeable towards finding Horse-arms .

Lieutenants and Deputies may hear and determine matters relating to this Act.

Tenements , or Hereditaments , Lease-hold or Copy-hold , or Twelve hundred pounds personal Estate , shall be compellable to contribute in finding any Horse and Horse-man with Arms : And the said respective Lieutenants and Deputies , or any thrée or more of them shall have power to hear Complaints , and examine Witnesses upon Oath ( which Oath they have hereby power to administer ) and to give redress according to the merits of the cause , in matters relating to the execution of this Act.

Be it further Enacted , That the said Lieutenants and Deputies , or any thrée or more of them , in their several Counties and Places respectively , shall require and direct all persons so charged as aforesaid with Horse , Horse-men and Arms , Allowance of 2 s. per diem for a Horse-man , and 1 s. for a Foot Souldier . to allow two shillings by the day to the Troopers that serve with their Horse and Arms , for the maintenance of the Man and Horse , and twelve pence a day for the Foot-Souldiers ( if they serve not in their own persons ) for so many dayes as they shall be absent from their Dwellings and Callings , by occasion of Muster or Exercise .

And for furnishing Ammunition and other necessaries , the said respective Lieutenants and Deputies , or any thrée or more of them , Rules to be made for furnishing Ammunition . shall have power to lay fitting Rates upon the respective Counties and Places , not excéeding in the whole in any one year the proportion of a fourth part of one moneths Assessment in each County , after the rate of Seventy thousand pounds by the moneth , now or late charged by an Act , entituled , An Act for Raising of Seventy thousand pounds for the further Supply of His Majesty , which Moneys are to be Assessed , Collected , and paid by such persons , and according to such Directions as shall be given from time to time by the said respective Lieutenants and Deputies , or any Thrée or more of them , under the like penalties , and by the like wayes and means as are prescribed in the said Act for the Seventy thousand pounds by the Moneth ; Invasion , In●urrection , Rebellion . And in case of Invasions , Insurrections or Rebellions , whereby occasion shall be to draw out such Souldiers into actual Service , the persons so charged as aforesaid , shall provide each their Souldier respectively with pay in hand , not excéeding one moneths pay , as shall be in that behalf directed by the said respective Lieutenants , and in their absence , as aforesaid , or otherwise by their Directions by their Deputies , or any two , or more of them . For repayment of which said Moneys , and for satisfaction of the Officers for their pay during such time , not excéeding one moneth , as aforesaid , as they shall be with their Souldiers in such said actual service ; Provision by his Majesty . It is hereby Declared , That provision shall be made for the some by His Majesty , His Heirs and Successors , out of His or Their Publick Treasury or Revenue . None having advances a moneths pay , shall be charged again , until he be re-imbursed the same . Nevertheless it is hereby further Provided and Enacted , That in case a moneths pay shall be provided and advanced as aforesaid ; That no person , who shall have advanced his proportion thereof , shall be charged with any other like moneths payment , untill he or they shall have béen re-imbursed the said moneths pay , and so from time to time the moneths pay by him or them last before provided and advanced , as aforesaid .

And be it Enacted , That the said Lieutenants and their Deputies , or the chief Officers upon the place in the respective Counties and Places , How to charge Carts and Horses for carrying Provisions , and their allowance per mile . as aforesaid , may charge Carts , Wagons , Wains , and Horses , for the carrying of Powder , Match , Bullet , and other Materials , allowing six pence a Mile outward only , to every such Cart , Wagon and Wayn with five Horses , or six Oxen , and so proportionably ; And for every Horse imployed out of Wagon or Cart for uses aforesaid , one penny , so taken upon the marching of any Regiment , Company , or Troop , upon occasion of Invasion , Insurrection , or Rebellion ; And that the said Lieutenants , or Deputies , or the chief Officers upon the place , Souldiers that do not their duties , how punished . shall , and may Imprison Mutinéers , and such Souldiers as do not their Duties as Souldiers at the day of their Musters and Training ; and shall and may Inflict for punishment for every such offence any pecuniary Mulct not excéeding five shillings , or the penalty of Imprisonment without Bail or Mainprise , not excéeding Twenty days .

The penalties upon persons charged or taxed , refusing or neglecting . And be it further Enacted , If any Person or Persons so to be assessed or charged by the said Lieutenants and Deputies , or any thrée or more of them respectively , shall refuse , or neglect by a reasonable time to be appointed , to provide and furnish such sufficient Horse and Horse-man , Horses and Horsemen , Arms , and other Furniture , or to pay such sum or sums of money towards the providing and furnishing , as aforesaid ; That then it shall and may be lawful to and for the respective Lieutenants and Deputies , or any thrée or more of them , for every such offence , from time to time to inflict a penalty upon such persons not excéeding 20 l. And also by Warrant under their , or any thrée or more of their hands & seals to levy such sum or sums of money , or the value of such Horse or Horses , Arms & Furniture , and such penalty inflicted by distress & sale of the goods of the person or persons so neglecting or refusing , rendring the overplus to the Party so distrained , all necessary charge in levying thereof being first deducted ; And it is declared , that the same be imployed to the same uses , in default whereof the same was imposed . And be it further Enacted , That if any person or persons so to be armed , Imbezeling of Arms , Horse , or Furniture , how punished . arrayed and weaponed , shall detain or imbezel his Horse , Arms , or Furniture wherewith he ought to serve , or is intrusted , that it shall and may be lawful to and for the said respective Lieutenants , and in their absence as aforesaid , or otherwise by their directions , to and for their Deputies , or any two or more of them , to imprison such person & persons , till he or they have made satisfaction for the Horse , Arms , or other Furniture so by him detained or imbezelled ; And also , That if any person so to be armed , horsed or weaponed , as aforesaid , shall not appear , and serve compleatly furnished with Horse and Arms , and other Furniture wherewith he is intrusted at the beat of Drum , sound of Trumpet , or other Summons , that then , and so often , it shall and may be lawful to and for the said respective Lieutenants , and in their absence , as aforesaid , or otherwise by their directions , to and for their Deputies , or any two or more of them , if the default be in the person or persons so interested , to imprison such person or persons for the space of five days , without Bail or Mainprise , or to inflict the penalty , if a Horse-man , not excéeding 20 s. and if a Foot-man , not excéeding 10 s. to be paid down without delay or forbearance : And if any person or persons so assessed or charged , as aforesaid , shall refuse or neglect to send in , or deliver his Horse , Arms , or other Furniture , upon such summons , or other notice , as aforesaid ; That then , and so often , it shall and may be lawful to and for the said respective Lieutenants , and their Deputies , or any thrée or more of them , to inflict a penalty not exéeding 5 l. to be levyed by distress and sale of the Goods of such person or persons so refusing , as aforesaid , rendering the overplus to the Party distrained , necessary Charges for levying being first deducted .

Ability of persons assessed , how to be discovered . And for the better discovery of the Ability of the Persons so to be assessed and charged , and of all Misdemeanors tending to the hinderance of the service aforesaid , the said respective Lieutenants , and their Deputies , or any thrée or more of them , are hereby enabled to examine upon Oath such Person or Persons as they shall judge necessary or convenient , or shall be produced by the Party charged or accused , other then the Persons themselves to be assessed and accused .

And for the better and more spéedy execution of the Premisses , Be it further Enacted , That the said respective Lieutenants shall be , Treasurer and Clerks for receiving and paying moneys by this Act. and are hereby required to appoint one or more Treasurer or Treasurers , Clerk or Clerks , for receiving and paying such moneys as shall be levyed by vertue hereof ; of all which Receipts and Disbursements thereof , the said Treasurer , Clerk and Clerks are every six moneths to give their Accompts in writing , and upon Oath , to the said Lieutenants and their Deputies , or any thrée or more of them , which Oath they have hereby Power to administer : And the said Accompt so to be taken , shall be forthwith certified to the Lords of His Majesties most honorable Privy Council , and a Duplicate thereof shall be certified to the Iustices of Peace at the next General Quarter Sessions .

And be it further Enacted , That the Deputy-Lieutenants shall observe and obey such Orders and Directions as they shall from time to time receive from the respective Lieutenants , for the putting in execution the Powers given by this Act.

And for the better securing the Peace of the Kingdom , Be it further Enacted and Ordained , Who shall be appointed to search for and seize Arms are the houses of dangerous persons . that the said respective Lieutenants , or any two or more of their Deputies , are hereby enabled & authorised from time to time , by warrant under their hands and seals , to employ such Person or Persons as they shall think fit ( of which a Commissioned Officer , and the Constable , or his Deputy , or the Tythingman , or in the absence of the Constable , and his Deputy , and Tythingman , some other person bearing Office within the Parish , where the search shall be , shall be two ) to search for and seize all Arms in the custody or possession of any Person or Persons , whom the said Lieutenants , or any two or more of their Deputies , shall judge dangerous to the Peace of the Kingdom ; and to secure such Arms for the service aforesaid , and thereof from time to time to give Accounts to the said respective Lieutenants , and in their absence , as aforesaid , or otherwise by their directions , to their Deputies , or any two or more of them : Provided that no such search be made in any house or houses betwéen Sun-setting and Sun-rising , other then in Cities and their Suburbs , and Towns Corporate , Market-Towns , and houses within the Bills of Mortality , where it shall and may be lawful to search in the night-time , by Warrant , as aforesaid , if the Warrant shall so direct , and in case of resistance to enter by force ; Houses of Peers . And that no dwelling-house of any Péer of this Realm be searched by vertue of this Act , but by immediate Warrant from his Majesty , under his Sign Manual , or in the presence of the Lieutenant , or one of the Deputy-Lieutenants of the same County or Riding ; And that in all places & houses whatsoever , where search is to be made as aforesaid , it shall and may be lawful , in case of resistance to enter by force ; And that the Arms so seised , may be restored to the Owners again , if the said Lieutenants , or in their absence as aforesaid , their Deputies , or any two or more of them shall so think fit .

And be it Enacted , That all high Constables , petty Constables , All high Constables and Officers to be aiding the respective Lieutenants . and other Officers and Ministers within the said Counties , Cities , Parishes and places aforesaid , be , & are hereby required to be aiding and assisting to the said respective Lieutenants , and their Deputies , or any of them in execution of the premisses ; And that all and every person and persons who shall act , or do any thing in execution thereof shall be hereby saved harmless and indemnified ; And also , that all and every person and persons , who have heretofore acted or done any thing in execution of any Commission , or Commissions of Lieutenancy issued by the Kings Majesty that now is , or by colour of them , or any of them , or touching , or concerning the same , or any of them , or relating thereunto since the 7th . day of May , One thousand six hundred sixty and one , untill the 20th . day of May , One thousand six hundred sixty and two , shall be , and are hereby , saved harmless and indemnified in that behalf .

And be it further Enacted and Ordained , How persons are to be charged residing in one County , and having lands in another . That where any person or persons shall be charged by vertue of this Act to find a horse and Horse-man , horses and Horse-men and Arms , or Foot-souldier and Arms , in such County , City or place where he or they do not reside , or inhabit , that then , and in such cases , the respective Lieutenants and Deputies , or any thrée or more of them , shall send Notice of every such charge , if such person have any land in his own occupation , to such person as he doth imploy as his Servant in managing the same ; And in case all his lands , or other estate be demised , and to farm let , then to one or two of the most sufficient Tenant or Tenants , who shall have the same in their occupation , who are hereby required forthwith with all convenient spéed to convey the same to their Master or Landlord respectively ; And within such time as shall be appointed in that behalf , bring an accompt of their Master or Landlords answer to the respective Lieutenants and Deputies , or any thrée or more of them : And upon neglect , or refusal of the Landlord , to provide such horse and Horse-man , horses and Horse-men and Arms , or Foot-souldier and Arms , as is duly charged upon him , according to the Rates mentioned in this Act for the yearly Rent , reserved upon every demise or other grant , and not otherwise within the time limited for that purpose ; Tenants to provide Arms for their Landlords . That then the said Tenant or Tenants shall provide and do as the Landlord in that behalf ought to have done . And if the said tenant or tenants shall refuse , or neglect to provide such horse and Horse-man , horses and Horse-men and Arms , or Foot-souldier and Arms , as are charged upon his or their Landlords within the time limited ; That then and upon every such default , it shall and may be lawful to and for the said respective Lieutenants , and in their absence , as aforesaid , or otherwise by their directions , to and for their Deputies , or any two or more of them , by warrant under their hands and seals to levy all such penalties as are appointed by this Act , by distress and sale of the offenders Goods , rendring the overplus to the Party distrained .

And it is hereby Ordained and Enacted , And to defalk the charges out of their next Rent . That it shall and may be lawful to and for the said Tenant or Tenants to defalk out of such rent as shall be next due to his or their Landlord , all such Money as the said Tenant or Tenants shall necessarily lay out or expend in providing such horse and Horse-man , horses and Horse-men and Arms , or Foot-souldier and Arms , as are charged upon his or their Landlord , or shall pay , or be levied upon him or them by distress for any default in manner as aforesaid , any condition , reservation , Covenant or Contract for the payment of his or their Rent , to the contrary in any wise notwithstanding : And for so doing , the said Tenant or Tenants shall be indemnified by Authority of this Act ; The Tenants indemnified for so doing . unless the Land-lord , or Land-lords shall make it appear within two moneths after such levying such penalties before the respective Lieutenants , and in their absence as aforesaid , or otherwise by their directions before their Deputies , or any two or more of them , that the default and penalty was occasioned by the wilful neglect of the said Tenant or Tenants ;

Peers not to act as Lieutenants or Deputies before they take the Oath of Allegiance , &c. Provided also , That no person being a Péer of this Realm , shall be capable of acting or serving as Lieutenant , or Deputy-Lieutenant , by vertue of this Act , unless he or they shall first before six of the Lords of his Majesties Privy-Council for the time being , or such other Persons as shall be authorised by his Majesty to administer the same , take the Oaths of Allegiance and Supremacy , and also this Oath following , I A.B. do declare and believe , that it is not lawful upon any pretence whatsoever to take Arms against the King ; And this oath . And that I do abhor that Traiterous Position , That Arms may be taken by his authority against His Person , or against those that are Commissioned by him in pursuance of such Military Commissions : So help me God . Which Oaths they have hereby power to administer .

Persons under the degree of a Peer to take the Oath of Allegiance , &c. And that no Person being under the degrée of a Péer of this Realm , shall be capable of acting as Lieutenant , Deputy-Lieutenant , Officer or Souldier , by vertue of this Act , unless he or they shall first take the Oaths of Allegiance and Supremacy , and this Oath following , I A. B. do declare and believe , that it is not lawful upon any pretence whatsoever to take Arms against the King ; And that I do abhor that Traiterous Position , And this oath . That Arms may be taken by his Authority against His Person , or against those that are Commissioned by Him in pursuance of such Military Commissions : So help me God . Which Oaths , any one Iustice of Peace of the respective Counties and Places aforesaid is enabled to administer to such respective Lieutenant as is not a Péer of this Realm , and the said Lieutenant , or any one Iustice of Peace of the respective Counties and Places aforesaid , is enabled to administer to the respective Deputy-Lieutenants , not being Péers ; and the said respective Lieutenants , and in their absence as aforesaid , or otherwise by their directions when they are not absent , their Deputies , or any two of them shall and are hereby Enabled to administer the said Oaths to the said Officers and Souldiers .

The Trained Bands to continue till the 25. March , 1663. And no longer . And to the end there may be some convenient time to put in execution the Powers of this Act , and preparing an Establishment according to the same ; Be it hereby Enacted , That the Trained Bands and Forces now actually raised , and in being , shall so continue in each respective City and County of England and Wales , until the five and twentieth day of Mach , One thousand six hundred sixty and thrée , and no longer , unless an Establishment according to this Act be no sooner had , any thing in this present Act to the contrary in any wise notwithstanding .

The times appointed for training and mustering . And it is hereby Declared and Enacted , That the Ordinary times for Training , Exercising , and Mustering the Forces to be raised by vertue of this Act , shall be these following , ( that is to say ) the general Muster and Exercise of Regiments , not above once a year ; the Training and Exercising of single Companies , not above four times a year , unless special Directions be given by his Majesty , or his Privy-Council ; And that such single Companies and Troops shall not at any one time be continued in Exercise above the space of two days ; and that at a General Muster and Exercise of Regiments , What Arms and Provision every Souldier shall bring . no Officer or Souldier shall be constrained to stay for above four days together from their respective habitations ; And that at every such Muster and Exercise , every Musquetier shall bring with him half a pound of Powder at the charge of such person or persons as provide the said Foot-souldier and Arms , and every Horse-man is to bring with him a quarter of a pound of Powder at the charge of such person or persons as provide the said horse , Horse-man and Arms ; and the Arms Offensive and Defensive , with the Furniture for Horse , are to be as followeth ; The Defensive Arms , a Back , Breast and Pott , and the Breast and Pott to be Pistol-proof ; The Offensive Arms , a Sword & a Case of Pistols , the Barrels whereof are not to be under 14 Inches in length ; The furniture for the Horse to be a great Saddle or Padd with Burrs and Trapps to affix the Houlsters unto , a Bitt and Bridle with a Pectorel and Crupper ; For the Foot , a Musquetier is to have a Musquet , the Barrel whereof is not to be under thrée foot in length ; And the Gage of the Bore to be for 12 Bullets to the pound , a Coller of Bandeliers , with a Sword : Provided , that all Muster-Masters shall for the present admit and allow of any Musquets already made , which will bear a Bullet of 14 to the pound ; But no Musquets which henceforth shall be made , are to be allowed of , but such as are of the Gage for 12 Bullets to the pound ; A Pike-man is to be armed with a Pike made of Ash , not under 16 foot in length , ( the head and foot included ) with a Back , Breast , Head-piece and Sword : Provided , that all Muster-Masters shall for the present admit and allow of any Pikes already made that are not under 15 foot in length ; But no Pikes which shall be hereafter made are to be allowed of , that are under 16 foot in length .

The Militia or the Isle of Purbeck . Provided also , And be it Enacted by the Authority aforesaid , That the Militia of the Island of Purbeck shall remain separate from the County of Dorset , as heretofore hath béen used ; And that his Majesties Lieutenant of the said Island , and his Deputies , or any thrée or more of them for the time being , shall have power for the Levying , Arraying , Mustering , and conducting of such number of Foot for the defence of the said Island , in such manner , and by such ways and means as heretofore hath béen used ; and also to use and execute within the said Island all and every the powers which by the true intent of this Act , Power to his Majesty to raise 70000 l. per annum , for three years upon occasion . EXP. any of his Majesties Lieutenants , or his or their Deputies , or any of them , might in any respective County use or execute .

Provided nevertheless , And be it Enacted by the Authority aforesaid , That in case of apparent danger to the present Government , it shall and may be lawfull for His Majesty at any time or times that the same shall so happen , during the space of thrée years , from the five and twentieth day of June , in the year One thousand six hundred sixty and two , to raise such sum or sums of money for the defraying of the whole , or such part of the Militia aforesaid , as his Majesty shall find himself obliged to imploy in order to the quiet and security of this Nation , the said sum not excéeding Seventy thousand pounds in one whole year : And the same to be raised by his Majesties Lieutenants , or in their absence , as aforesaid , by their Deputies in their respective Counties , according to the rules and directions in an Act in this present Parliament , For the raising of Eighteen moneths Assessment after the rate of Seventy thousand pounds per mensem ; as also to continue the space of thrée years from the aforesaid five and twentieth day of June , and no longer ; Any thing in this Act , or any other to the contrary notwithstanding .

Be it also Enacted , That all Constables , Tything-men , or other Officer or Officers , Such as have provided Parish Arms before the 24. of June , 1660. how to be re-imbursed . EXP. who since the Four and twentieth of June , One thousand six hundred and sixty , have paid or disbursed , or before the settlement of the Militia to be established by vertue of this Act , shall pay or disburse any moneys for buying of Arms , or defraying of Charges of Souldiers , set , or to be set upon their respective Parishes , shall be re-imbursed the same by those who have refused to pay their proportions thereof ; And in case he or they shall refuse to pay the same , then to be levied by distress and sale of Goods , rendring the Overplus to the Owner or Owners by Warrant under the Hand and Seal of the Lieutenant or Lieutenants , or in his or their absence , or otherwise by their direction , when they are not absent , of any two of their Deputies directed to the respective Constables , Tything-men , or other Officer or Officers aforesaid , of their respective Parishes .

Provided alwayes , And it is hereby further Enacted and Declared , No man charged shall be forced to serve in person , but may find a sufficient man for him . That no person charged with the finding of Horse or Foot , or with contributing thereunto , as aforesaid , shall be compellable to serve in his or their proper person , but may according to such proportion as they are or shall respectively be charged by this Act , find one or more fit or sufficient Man or Men qualified according to this Act , to be approved by his or their Captain respectively , subject nevertheless to be altered upon appeal to the Lieutenant , or in his absence , as aforesaid , to his Deputy-Lieutenants , or any two of them , as there shall be cause ; And that every such person or persons so found and provided , shall , and hereby are required to serve as a Souldier and Souldiers , in such manner , and under such penalties as are before appointed in this Act ; No person listed may desert the service , or be discharged , or Altered , but by leave , upon reasonable cause . And that every person or persons who shall serve in his or their own persons ( who are also to be approved of as aforesaid ) or such person or persons as shall be accepted in his or their stead , shall at the next Muster of such Troop or Company in which he or they are to serve , give in his or their Christian and Sir-names , and places of abode unto such person as the Lieutenant , or in his absence , as aforesaid , or by his direction when he is not absent , any two Deputy-Lieutenants shall appoint , to the end the same may be listed : And that from thenceforth such person so listed shall not be exchanged , or desert the said Service , or be discharged thereof , but by the leave and order of the Lieutenant , or two Deputy-Lieutenants , or his Captain , upon reasonable cause ( subject nevertheless upon appeal to be determined , as aforesaid ) first obtained in writing under his or their hands and seals , under pain that such person departing from the said service without leave , as aforesaid , The penalty . shall forfeit the sum of 20 l. to be levied upon his Goods and Chattels in such manner as is by this Act appointed for the levying of other penalties ; and for non-payment or want of distress , then every such person to be committed to the Common Gaol of the the County for any time not excéeding thrée moneths , without bail or mainprise , any thing in this Act to the contrary in any wise notwithstanding .

Provided always , and be it Enacted , Proviso for the Tinners of Devon ▪ and Cornwall . That nothing in this Act contained shall extend to put any new charge of Arms upon the Tinners in the Counties of Devon and Cornwall , other then the Tax mentioned in the former Proviso ; But that the Lord Warden of the Stannaries for the time being , in pursuance of his Majesties Commission in that behalf , and such as he shall Commissionate and Authorize under him , according to the Rules and Directions before mentioned in this Act , shall and may have and use the like Powers and Array , Assess , Arm , Muster , and Exercise the said Tinners within the said Counties , and either of them , as hath béen heretofore used ; and according to the ancient Priviledges and Customs of the said Stannaries , observing the Rules and Proportions appointed by this Act ; Any thing in this Act to the contrary notwithstanding .

Provided always , And be it Enacted by the Authority aforesaid , Proviso for the Militia of London . That his Majesties Lieutenants that are , or shall be Commissionated for the Militia of the City of London , may and shall continue to list and levy the Trained Bands and Auxiliaries of the said City , as to number and quality of the persons , in such manner as was used in forming the present Forces now raised by his Majesties Commission . And in regard of the extraordinary duties which the Forces of the said City that now are , and formerly were raised in Order to his Majesties happy Restauration , have of late , and may again be put to , for the safety of his Majesties Person , and for suppressing or preventing of Insurrections , That it shall and may be lawful for his Majesties Lieutenants of the said City , by Warrant from his Majesty , to impose and levy yearly in the same so much money as they shall find néedful for defraying the Arrears of those first raised for his Majesties happy Restauration , and the Arrears and necessary charge of those that now are , and shall be raised , with the Ammunition and other incident expences of their Militia , in such manner as the present Assessment is now levied , and not excéeding in any one year the proportion of One moneths Tax , which the said City now pays towards the Tax of Seventy thousand pounds by the moneth ; And shall be accomptable for the same , as by this Act is Ordained ; Any thing in this Act to the contrary of this Proviso in any wise notwithstanding .

Proviso for the Officers of Militia of cities and towns corporate . Provided always , That no Officer , or Souldier of the Militia , or Trained Bands belonging to any City , Borough , or Town Corporate , being a County of it self , or to any other Corporation , or Port-Town , who have used and accustomed to be Mustered only within their own Precincts , shall be compellable to appear out of the Precincts or Liberties of the same City , Borough , Town-Corporate , or Port-Town at any Muster or Exercise only ; and every of the said Cities , Boroughs , Towns-Corporate , and Port-Towns , are hereby chargeable to find their usual Number of Souldiers , unless the respective Lieutenants find cause to lessen the same ; Any thing in this Act to the contrary notwithstanding .

Covenants between Landlords and Tenants for providing Arms , not to be avoyded by this Act. Provided , That this Act , or any thing herein contained , shall not extend to avoid any Covenant or Agréement which hath béen , or shall be made betwéen any Landlord and Tenant concerning the finding Horses or Arms , or the bearing , or paying of any Tares , Rates , or other charges by any Tenant , either by general or special Covenants , but that the said Taxes , Rates , or other Charges , shall be born and paid by all respective Tenants , according to the said Covenants and Agréements ; Any thing in this Act to the contrary thereof in any wise notwithstanding .

Isle of Wight . Provided , That this Act , or any thing therein contained , shall not extend to make any alteration in the Isle of Wight , as to the Militia in that place , either to raise Horse or Foot within the said Island , in any other manner then hath béen formerly , and is now used and practised there .

Militia of the Tower D●vision in Middlesex . Provided also , And be it Enacted , That whereas the Militia of the Tower-Division in the County of Middlesex , commonly known by the name of the Tower-Hamlets , are , and alwayes have béen under the Command of his Maiesties Constable , or Lieutenant of the Tower , for the Service and Preservation of that his Royal Fort ; That it shall and may be lawful for his Majesties Constable , or Lieutenant of the Tower , for the time being , to continue to levy the Trained Bands of the said Division or Hamlets of the Tower , in such manner and form , as to the number and quality of persons , as was observed in forming the present Forces thereof ; Any thing in this Act to the contrary notwithstanding .

Proviso touching compelling men to march out of this Kingdom . Provided , That neither this Act , nor any matter or thing therein contained , shall be déemed , construed , or taken to extend to the giving or declaring of any power for the transporting of any the Subjects of this Realm , or any way compelling them to march out of this Kingdom , otherwise then by the Laws of England ought to be done .

Peers of the Realm , how to be charged . Provided always , And be it Enacted by the Authority aforesaid , That no Péer of this Realm shall be charged with Horse , Horse-men and Arms , or Foot-souldiers and Arms , otherwise , or in any other manner then is herein after expressed ( that is to say ) that his Majesty , his Heirs and Successors shall , and may from time to time issue out Commissions under the great Seal of England to so many Péers ( not fewer then twelve ) as his Majesty , his Heirs and Successors shall think fit , who , or any five or more of them , shall have power from time to time to Assess all and every , or any the Péers of this Realm , according to the Limitations and Proportions in this Act appointed , for the finding of horse , Horse-men and Arms , or Foot-Souldiers and Arms , and for other the purposes in this Act mentioned ( except the Monethly Taxes which are to be levied , as is before prescribed in this Act ) and shall have power to put in execution all and every the Powers and Authorities of this Act , as well for laying Assessments , as imposing of penalties ( Imprisonment of the person of any Péer of this Realm only excepted ) which Assessment , or Charge so made , together with such penalties as shall be so imposed ( imprisonment as aforesaid onely excepted ) shall be from time to time respectively certified to the respective Lieutenants of each County , to the intent that the said Charge may be born , and the penalties ( not before excepted ) levied according to the intent of this Act : And that in case there shall be any default in performance of any thing to be done or paid by any Péer by vertue of this Act , that then it shall be lawful for the respective Lieutenants , & Deputy-Lieutenants , or any thrée of them , to cause Distresses to be taken for the same in any of the lands of such Defaulter within their said Counties or Limits respectively ; And in case satisfaction shall not be given within the space of one wéek after such Distress taken , then such Distresse to be sold for the performance of the said Service , and the charge incident thereunto , and the Overplus ( if any be ) to be restored to the Owner ; And if a Tenant of any Péer of this Realm shall be distrained for such default as aforesaid , the Tenant so distrained , is hereby enabled to deduct the sum levied out of his next Rent .

CAP. XIV .

There shall be Uniformity of Publique Prayers , and administration of Sacraments , & other Rites and Ceremonies : And of Ordaining and Consecrating Bishops , Priests , and Deacons in the Church of England .

VVHereas in the first year of the late Quéen Elizabeth , there was one Vniforme Order of Common Service , and Prayer , and of the Administrations of Sacraments , Rites and Ceremonies in the Church of England ( agréeable to the Word of God , and usage of the Primitive Church ) compiled by the Reverend Bishops and Clergy , set forth in one Book , entituled , The Book of Common Prayer , and Administration of Sacraments , and other Rites and Ceremonies in the Church of England , and enjoyned to be used by Act of Parliament , holden in the said first year of the said late Quéen , 2 El. cap. 2. Entituled , An Act for the Uniformity of Common Prayer , and Service in the Church , and Administration of the Sacraments , very comfortable to all good people desirous to live in Christian conversation , and most profitable to the Estate of this Realm , upon the which the Mercy , Favour , and Blessing of Almighty God is in no wise so readily and plentifully poured , as by Common Prayers , due using of the Sacraments , and often Preaching of the Gospel , with Devotion of the Hearers : And yet this notwithstanding , a great number of people in divers parts of this Realm , following their own sensuality , and living without knowledg , and due fear of God , do Wilfully & Schismatically abstain , and refuse to come to their Parish-Churches , and other publick places where Common Prayer , Administration of the Sacraments , and preaching of the Word of God is used upon the Sundays , and other days ordained and appointed to be kept and observed as Holy-days . And whereas by the great and scandalous neglect of Ministers in using the said Order , or Liturgy so set forth , and enjoyned , as aforesaid , great mischiefs and inconveniences , during the times of the late unhappy Troubles , have arisen and grown ; and many people have béen led into Factions and Schisms , to the great decay and scandal of the Reformed Religion of the Church of England , and to the hazard of many souls . For prevention whereof in time to come , for setling the Peace of the Church , and for allaying the present distempers which the indisposition of the time hath contracted ; The Kings Declaration and Commission for reviewing the Book of Common Prayer , and Alterations to be propounded therein . The Kings Majesty ( according to his Declaration of the Five and twentieth of October , One thousand six hundred and sixty ) granted his Commission under the Great Seal of England , to several Bishops , and other Divines , to review the Book of Common Prayer , and to prepare such Alterations and Additions , as they thought fit to offer ; And afterwards the Convocations of both the Provinces of Canterbury and York , being by His Majesty called , and assembled , ( and now sitting ) His Majesty hath béen pleased to Authorize and require the Presidents of the said Convocations , and other the Bishops and Clergy of the same , to re-view the said Book of Common Prayer , and the Book of the Form and manner of the Making and Consecrating of Bishops , Priests and Deacons ; And that after mature consideration , they should make such Additions and Alterations in the said Books respectively , as to them should séem méet and convenient ; And should exhibit and present the same to his Majesty in writing , for his further allowance , or confirmation ; since which time , upon full and mature deliberation , they the said Presidents , Bishops , and Clergy of both Provinces , have accordingly re-viewed the said Books , and have made some Alterations which they think fit to be inserted to the same ; and some Additional Prayers to the said Book of Common Prayer , to be used upon proper and emergent occasions ; And have exhibited and presented the same unto his Majesty in writing in one Book , Entituled , The Book of Common Prayer , and Administration of the Sacraments , and other Rites and Ceremonies of the Church , according to the use of the Church of England , together with the Psalter , or Psalms of David , Pointed as they are to be sung or said in Churches ; and the Form and Manner of Making , Ordaining , and Consecrating of Bishops , Priests , and Deacons : All which His Majesty having duly considered , hath fully approved and allowed the same ; and recommended to this present Parliament , that the said Books of Common Prayer , and of the Form of Ordination and Consecration of Bishops , Priests , and Deacons , with the Alterations and Additions which have béen so made and presented to His Majesty by the said Convocations , be the Book which shall be appointed to be used by all that Officiate in all Cathedral and Collegiate Churches and Chappels , and in all Chappels of Colledges and Halls in both the Vniversities , and the Colledges of Eaton , and Winchester , and in all Parish-Churches and Chappels , within the Kingdom of England , Dominion of Wales , and Town of Berwick upon Tweed , and by all that Make , or Consecrate Bishops , Priests or Deacons , in any of the said places , under such Sanctions and Penalties as the Houses of Parliament shall think fit .

Now in regard that nothing conduceth more to the setling of the Peace of this Nation ( which is desired of all good men ) nor to the honour of our Religion , and the propagation thereof , The Peace , and Honour of Religion much advanced by Vniform agreement in the Publique Worship of God . then an Vniversal argréement in the publique Worship of Almighty God ; and to the intent that every person within this Realm , may certainly know the rule to which he is to conform in Publique Worship , and Administrations of Sacraments , and other Rites and Ceremonies of the Church of England , and the manner how , and by whom Bishops , Priests and Deacons are , and ought to be Made , Ordained & Consecrated , Be it Enacted by the Kings most Excellent Majesty , by the Advice and with the Consent of the Lords Spiritual and Temporal , and of the Commons in this present Parliament assembled , and by the Authority of the same , That all and singular Ministers in any Cathedral , Collegiate , or Parish-Church or Chappel , or other place of Publique Worship within this Realm of England , Dominion of Wales , and Town of Berwick upon Tweed , The Book of Common Prayer shall be used . shall be bound to say and use the Morning Prayer , Evening Prayer , Celebration and Administration of both the Sacraments , and all other the Publique , and Common Prayer , in such order and form as is mentioned in the said Book , annexed and ioyned to this present Act , and Entituled , The Book of Common Prayer and Administration of the Sacraments , and other Rites and Ceremonies of the Church , according to the use of the Church of England together with the Psalter or Psalms of David , Pointed as they are to be sung or said in Churches ; and the form or manner of Making , Ordaining , and Consecrating of Bishops , Priests and Deacons : ; And that the Morning and Evening Prayers therein contained , shall upon every Lords Day , and upon all other dayes and occasions , and at the times therein appointed , be openly and solemnly Read by all and every Minister or Curate , in every Church , Chappel , or other place of publique Worship within this Realm of England , All Parsons , Vicars and Ministers to read , and declare their assent to use the same . and places aforesaid .

And to the end that Vniformity in the publique Worship of God ( which is so much desired ) may be spéedily effected , Be it further Enacted by the Authority aforesaid , That every Parson , Vicar , or other Minister whatsoever , who now hath , and enjoyeth any Ecclesiastical Benefite , or Promotion , within this Realm of England , or places aforesaid , shall in the Church , Chappel , or place of publique Worship belonging to his said Benefice or Promotion , upon some Lords Day before the Feast of Saint Bartholomew , which shall be in the year of our Lord God , One thousand six hundred sixty and two , openly , publiquely , and solemnly Read the Morning and Evening Prayer appointed to be Read by , and according to the said Book of Common Prayer at the times thereby appointed , and after such reading thereof , shall openly and publikely before the Congregation there assembled , declare his unfeigned assent , and consent , to the use of all things in the said Book contained and prescribed , In these words , and no other ;

I A. B. Do here declare my unfeigned assent , and consent to all , and every thing contained , and prescribed in , and by the Book intituled , The Book of Common Prayer and Administration of the Sacraments , and other Rites , and Ceremonies of the Church , according to the use of the Church of England , together with the Psalter , or Psalms of David , Pointed as they are to be sung , or said in Churches ; and the Form , or manner of Making , Ordaining , and Consecrating of Bishops , Priests , and Deacons .

The Penalty for refusing . And that all and every such person , who , shall ( without some lawful impediment to be allowed and approved of by the Ordinary of the place ) neglect or refuse to do the same within the time aforesaid , ( or in case of such Impediment ) within one Moneth after such Impediment removed , shall ( ipso facto ) be deprived of all his Spiritual Promotions ; And that from thenceforth it shall be lawful to , and for all Patrons , and Donors of all and singular the said Spiritual Promotions , or of any of them , according to their respective Rights , and Titles to present , or collate to the same , as though the person , or persons , so offending or neglecting were dead .

Every person hereafter to be promoted to any Ecclestiastical Benefice , shall read the Common Prayer , and declare his assent thereto . And be it further Enacted by the Authority aforesaid , That every person who shall hereafter be presented , or collated , or put into any Ecclesiastical Benefice or Promotion within this Realm of England , and places aforesaid , shall in the Church , Chappel , or place of publick worship , belonging to his said Benefice or Promotion , within two moneths next after that he shall be in the actual possession of the said Ecclesiastical Benefice or Promotion , upon some Lords Day openly , publickly , and solemnly , Read the Morning and Evening Prayers , appointed to be Read by , and according to the said Book of Common Prayer , at the times thereby appointed , and after such reading thereof , shall openly , and publickly , before the Congregation there assembled , declare his unfeigned assent , and consent to the use of all things therein contained and prescribed , according to the form before appointed . The penalty for not so doing the same . And that all and every such person , who shall ( without some lawful Impediment to be allowed , and approved by the Ordinary of the place ) neglect or refuse to do the same within the time aforesaid ; ( or in case of such Impediment , within one moneth after such Impediment removed ) shall ( ipso facto ) be deprived of all his said Ecclesiastical Benefices and Promotions ; And that from thenceforth , it shall and may be lawful to , and for all Patrons , and Donors of all and singular the said Ecclesiastical Benefices and Promotions , or any of them ( according to their respective Rights and Titles ) to present or collate to the same , as though the person or persons so offending , or neglecting , were dead .

Incumbents of Livings keeping Curates , shall read the same once every moneth . And be it further Enacted by the Authority aforesaid , That in all places where the proper Incumbent of any Parsonage , or Vicarage , or Benefice with Cure , doth reside on his Living , and kéep a Curate , the Incumbent himself in person ( not having some lawful Impediment , to be allowed by the Ordinary of the place ) shall once ( at the least ) in every moneth openly and publickly read the Common Prayers and Service , in , and by the said Book prescribed , and ( if there be occasion ) Administer each of the Sacraments , and other Rites of the Church , in the Parish Church , or Chappel , of , or belonging to the same Parsonage , Vicarage , or Benefice , in such order , manner and form , The penalty and manner of conviction for not doing it . as in , and by the said Book is appointed , upon pain to forfeit the sum of Five pounds to the use of the poor of the Parish for every offence , upon conviction by confession , or proof of two credible Witnesses upon Oath , before two Iustices of the Peace of the County , City , or Town Corporate where the offence shall be committed , ( which Oath the said Iustices are hereby impowred to Administer ) and in default of payment within ten dayes , to be levied by distress , and sale of the Goods and Chattels of the Offender , by the Warrant of the said Iustices by the Church-wardens , or Overséers of the poor of the said Parish , rendring the surplusage to the party .

Deans , Canons , Prebendaries , &c. shall subscribe the Declaration . 15 Car. 2. cap. 6. And be it further Enacted by the Authority aforesaid , That every Dean , Canon , and Prebendary of every Cathedral , or Collegiate Church , and all Masters , and other Heads , Fellows , Chaplains , and Tutors of , or in any Colledge , Hall , House of Learning , or Hospital , and every publick Professor , and Reader in either of the Vniversities , and in every Colledge elsewhere , and every Parson , Vicar , Curate , Lecturer , and every other person in holy Orders , and every School-master kéeping any publick , or private School , and every person Instructing , or Teaching any Youth in any House or private Family as a Tutor , or School-master , who upon the First day of May , which shall be in the year of our Lord God , One thousand six hundred sixty two , or at any time thereafter shall be Incumbent , or have possession of any Deanry , Canonry , Prebend , Mastership , Headship , Fellowship , Professors place , or Readers place , Parsonage , Vicarage , or any other Ecclesiastical Dignity or Promotion , or of any Curates place , Lecture , or School ; or shall instruct or teach any Youth as Tutor , or School-master , shall before the Feast-day of St. Bartholomew , which shall be in the year of our Lord , One thousand six hundred sixty two , or at or before his , or their respective admission to be Incumbent , or have possession aforesaid , subscribe the Declaration or Acknowledgment following , Scilicet ,

The Declaration . I A. B. Do declare , That it is not lawful upon any pretence whatsoever to take up Arms against the King ; and that I do abhor that Traiterous Position , of taking Arms by His Authority against His Person , or against those that are Commissionated by him ; And that I will conform to the Liturgy of the Church of England , as it is now by Law established ; And I do declare , That I do hold , there lies no Obligation upon me , or on any other person , from the Oath , commonly called , The Solemn League and Covenant , to endeavour any change , or alteration of Government , either in Church , or State ; And that the same was in it self an unlawful Oath , and Imposed upon the Subjects of this Realm against the known Laws , and Liberties of this Kingdome .

Which said Declaration and Acknowledgment shall be Subscribed by every of the said Masters , and other Heads , Fellows , Chaplains , and Tutors of , or in any Colledge , Hall , or House of Learning , and by every publick Professor and Reader in either of the Vniversities , before the Vice-Chancellor of the respective Vniversities for the time being , or his Deputy ; And the said Declaration or Acknowledgment , shall be Subscribed before the respective Archbishop , Bishop , or Ordinary of the Diocess , by every other person hereby enjoyned the same , The penalty for not subscribing . upon pain that all and every of the persons aforesaid failing in such Subscription , shall lose and forfeit such respective Deanry , Canonry , Prebend , Mastership , Headship , Fellowship , Professors place , Readers place , Parsonage , Vicarage , Ecclesiastical Dignity , or Promotion , Curates place , Lecture and School , and shall be utterly disabled , and ( ipso facto ) deprived of the same ; And that every such respective Deanry , Canonry , Prebend , Mastership , Headship , Fellowship , Professors place , Readers place , Parsonage , Vicarage , Ecclesiastical Dignity , or Promotion , Curates place , Lecture and School shall be void , as if such person so failing were naturally dead .

And if any School-master , or other person Instructing , School-Masters in private houses . or Teaching Youth in any private House , or Family , as a Tutor , or School-Master , shall Instruct , or Teach any Youth as a Tutor , or School-Master , before Licence obtained from his respective Archbishop , Bishop , or Ordinary of the Diocess , according to the Lawes and Statutes of this Realm , ( for which he shall pay twelve-pence only ) and before such Subscription , and Acknowledgment made as aforesaid ; Then every such School-master , and other , Instructing and Teaching as aforesaid , shall for the first offence suffer thrée months Imprisonment without bail , or mainprize , and for every second , and other such offence , shall suffer thrée months Imprisonment without bail or mainprize , and also forfeit to his Majesty the sum of Five pounds ; And after such Subscription made , every such Parson , Vicar , Curate , and Lecturer , shall procure a Certificate under the Hand and Seal of the respective Archbishop , Bishop , or Ordinary of the Diocess , ( who are hereby enjoyned and required upon demand to make and deliver the same ) and shall publickly and openly Read the same , together with the Declaration , or Acknowledgment aforesaid , upon some Lords Day within thrée months then next following , in his Parish Church where he is to officiate , in the presence of the Congregation there assembled , in the time of Divine Service ; upon pain that every person failing therein , shall lose such Parsonage , Vicarage , or Benefice , Curates place , or Lecturers place respectively , and shall be utterly disabled , and ( ipso facto ) deprived of the same ; And that the said Parsonage , Vicarage , or Benefice , Curates place , or Lecturers place shall be void as if he was naturally dead .

Provided alwayes , That from and after the Twenty fifth day of March , What to be omitted in the Declaration after the 25. March , 1682. which shall be in the year of our Lord God , One thousand six hundred eighty two , there shall be omitted in the said Declaration , or Acknowledgment so to be Subscribed and Read , these words following , Scilicet ,

ANd I do declare , That I do hold there lies no Obligation on me , or on any other person from the Oath , commonly called the Solemn League and Covenant , to endeavour any change , or alteration of Government either in Church or State , and that the same was in it self an unlawful Oath , and imposed upon the Subjects of this Realm against the know Laws and Liberties of this Kingdom .

So as none of the persons aforesaid , shall from thenceforth be at all obliged to Subscribe or Read that part of the said Declaration or Acknowledgment .

Provided alwayes , and be it Enacted , That from and after the Feast of St. Bartholomew , Persons not Ordained Priests or Deacons according to Episcopal Ordination , shall not hold any Ecclesiastical Promotion . which shall be in the year of our Lord , One thousand six hundred sixty and two , no person , who now is Incumbent , and in possession of any Parsonage , Vicarage , or Benefice , and who is not already in Holy Orders by Episcopal Ordination , or shall not before the said Feast-day of St. Bartholomew , be Ordained Priest , or Deacon , according to the form of Episcopal Ordination , shall have , hold , or enjoy the said Parsonage , Vicarage , Benefice with Cure , or other Ecclesiastical Promotion within this Kingdom of England , or the Dominion of Wales , or Town of Berwick upon Tweed ; But shall be utterly disabled , and ( ipso facto ) deprived of the same ; And all his Ecclesiastical Promotions shall be void , as if he was naturally dead .

Nor shall consecrate or administer the Holy Sacrament , if not Ordained according to the Book of Common Prayer . And be it further Enacted by the Authority aforesaid , That no person whatsoever , shall thenceforth be capable to be admitted to any Parsonage , Vicarage , Benefice , or other Ecclesiastical Promotion , or Dignity whatsoever , nor shall presume to Consecrate and Administer the holy Sacrament of the Lords Supper , before such time as he shall be Ordained Priest , according to the form and manner in and by the said Book prescribed , unless he have formerly béen made Priest by Episcopal Ordination , upon pain to forfeit for every offence , the sum of One hundred pounds ; The Penalty . One moyety thereof to the Kings Majestie , the other moyety thereof to be equally divided betwéen the poor of the Parish where the offence shall be committed , and such person , or persons as shall sue for the same by Action of Debt , Bill , Plaint , or Information in any of His Majesties Courts of Record , wherein no Essoign , Protection , or Wager of Law shall be allowed ; And to be disabled from taking , or being admitted into the Order of Priest , by the space of one whole year then next following .

Provided , That the penalties in this Act shall not extend to the Forreiners or Aliens of the Forrein Reformed Churches allowed , or to be allowed by the Kings Majesty , his Heirs and Successors in England .

Provided alwayes , That no title to confer , or present by lapse , shall accrue by any avoidance or deprivation ( ipso facto ) by vertue of this Statute , but after six months after notice of such voidance , or deprivation given by the Ordinary to the Patron , or such sentence of deprivation openly and publickly Read in the Parish Church of the Benefice , Parsonage or Vicarage , becoming void , or whereof the Incumbent shall be deprived by vertue of this Act.

No other form of Common Prayer to be openly used in any Church or publique place . And be it further Enacted by the Authority aforesaid , That no Form , or Order of Common Prayers , Administration of Sacraments , Rites or Ceremonies , shall be openly used in any Church , Chappel , or other publick place of , or in any Colledg , or Hall in either of the Vniversities , the Colledges of Westminster , Winchester , or Eaton , or any of them , other then what is prescribed , and appointed to be used in and by the said Book ; And that the present Governour , or Head of every Colledge , and Hall in the said Vniversities , and of the said Colledges of Westminster , Winchester , and Eaton , within one month after the Feast of St. Bartholomew , which shall be in the year of our Lord , One thousand six hundred sixty and two ; And every Governour or Head of any the said Colledges , or Halls hereafter to be elected , or appointed within one month next after his Election , or Collation , and Admission into the same Government , or Headship , shall openly and publickly in the Church , Chappel , or other publick place of the same Colledg , of Hall , and in the presence of the Fellows and Scholars of the same , Subscription to the 39 Articles mentioned in the Stat. 13 El. cap. 12. or the greater part of them , then Resident , Subscribe unto the Nine and thirty Articles of Religion , mentioned in the Statute made in the Thirtéenth year of the Reign of the late Quéen Elizabeth , And unto the said Book , and declare his unfeigned assent , and consent unto , and approbation of the said Articles , and of the same Book , and to the use of all the Prayers , Rites , and Ceremonies , Forms , and Orders in the said Book prescribed , and contained according to the form aforesaid ; And that all such Governours , or Heads , of the said Colledges and Halls , or any of them as are , or shall be in Holy Orders , shall once ( at least ) in every Quarter of the year ( not having a lawful Impediment ) openly and publickly Read the morning Prayer and Service in , and by the said Book appointed to be Read in the Church , Chappel , or other publick place of the same Colledge , or Hall , upon pain to lose , and be suspended of , and from all the Benefits and Profits belonging to the same Government , or Headship , by the space of Six months by the Visitor , or Visitors of the same Colledge , or Hall ; And if any Governour or Head of any Colledge , or Hall , Suspended for not Subscribing unto the said Articles , and Book , or for not Reading of the Morning Prayer , and Service as aforesaid , shall not at , or before the end of Six months next after such suspension , Subscribe unto the said Articles and Book , and declare his consent thereunto as aforesaid , or Read the Morning Prayer , and Service as aforesaid , then such Government , or Headship , shall be ( ipso facto ) void .

Who may use the Service in Latin . Provided alwayes , That it shall , and may be lawful to use the Morning and Evening Prayer , and all other Prayers and Service prescribed in and by the said Book , in the Chappels , or other publick places of the respective Colledges , and Halls in both the Vniversities , in the Colledges of Westminster , Winchester , and Eaton , and in the Convocations of the Clergies of either Province in Latine , any thing in this Act contained to the contrary notwithstanding .

Lecturers . And be it further Enacted by the Authority aforesaid , That no person shall be , or be received as a Lecturer , or permitted , suffered , or allowed to preach as a Lecturer , or to Preach , or Read any Sermon or Lecture in any Church , Chappel , or other place of Publick Worship , within this Realm of England , or the Dominion of Wales , and Town of Berwick upon Tweed , unless he be first approved , and thereunto Licensed by the Archbishop of the Province , or Bishop of the Diocess , or ( in case the Sée be void ) by the Guardian of the Spiritualties , under his Seal , and shall in the presence of the same Archbishop , or Bishop , or Guardian , Read the Nine and thirty Articles of Religion mentioned in the Statute of the Thirtéenth year of the late Quéen Elizabeth , with declaration of his unfeigned assent to the same ; And that every person , 13 El. cap. 12. and persons who now is , or hereafter shall be Licensed , Assigned , Appointed , or Received as a Lecturer , to Preach upon any day of the week in any Church , Chappel , or place of Publick Worship within this Realm of England , or places aforesaid ) the first time he Preacheth ( before his Sermon ) shall openly , publickly , and solemnly Read the Common Prayers and Service in , and by the said Book appointed to be read for that time of the day , and then , and there publickly and openly declare his assent unto , and approbation of the said Book , and to the use of all the Prayers , Rites and Ceremonies , Forms and Orders therein contained , and prescribed , according to the form before appointed in this Act ; And also shall upon the first Lecture-day of every month afterwards , so long as he continues Lecturer , or Preacher there , at the place appointed for his said Lecture or Sermon , before his said Lecture or Sermon , openly , publickly , and solemnly Read the Common Prayers and Service in , and by the said Book appointed to be read for that time of the day , at which the said Lecture or Sermon is to be preached , and after such Reading thereof , shall openly and publickly , before the Congregation there assembled declare his unfeigned assent , and consent unto , and approbation of the said Book , and to the use of all the Prayers , Rites and Ceremonies , Forms and Orders therein contained and prescribed , according to the form aforesaid ; And that all and every such person and persons who shall neglect , or refuse to do the same , shall from thenceforth be disabled to preach the said , or any other Lecture or Sermon in the said , or any other Church , Chappel , or place of publick Worship , until such time as he , and they shall openly , publickly , and solemnly Read the Common Prayers , and Service appointed by the said Book , and Conform in all points to the things therein appointed and prescribed , according to the purport , true intent and meaning of this Act.

Provided alwayes , That if the said Sermon , Lectures in Cathedral or Collegiate Churches . or Lecture be to be Preached or Read in any Cathedral , or Collegiate Church or Chappel , it shall be sufficient for the said Lecturer openly at the time aforesaid , to declare his assent and consent to all things contained in the said Book , according to the form aforesaid .

And be it further Enacted by the Authority aforesaid , The Penalty upon persons disabled that Preach . 15 Car. 2. cap. 6. in fine . That if any person who is by this Act disabled to preach any Lecture or Sermon , shall during the time that he shall continue and remain so disabled , preach any Sermon , or Lecture ; That then for every such offence the person , and persons so offending , shall suffer Thrée months Imprisonment in the Common Goal without bail or mainprise , And that any two Iustices of the Peace of any County of this Kingdom and places aforesaid , and the Mayor or other chief Magistrate of any City , or Town Corporate , within the same , upon Certificate from the Ordinary of the place made to him , or them of the offence committed , shall and are hereby required to commit the person or persons so offending to the Goal of the same County , City , or Town Corporate accordingly .

Provided alwayes , and be it further Enacted by the Authority aforesaid , Common Prayer to be read before every Lecture , and the Lecturer to be present . That at all and every time and times when any Sermon , or Lecture is to be Preached , the Common Prayers , and Service , in and by the said Book appointed to be Read for that time of the day , shall be openly , publickly , and solemnly Read by some Priest or Deacon , in the Church , Chappel , or place of Publick Worship , where the said Sermon , or Lecture is to be Preached , before such Sermon or Lecture be preached ; And that the Lecturer then to Preach shall be present at the Reading thereof .

Provided nevertheless , That this Act shall not extend to the Vniversity Churches , Proviso for Sermons and Lectures in the Vniversities . in the Vniversities of this Realm , or either of them , when or at such times as any Sermon or Lecture is Preached or Read in the said Churches , or any of them , for , or as the publick Vniversity Sermon , or Lecture ; but that the same Sermons and Lectures may be preached or read in such sort and manner as the same have béen heretofore preached or read , this Act , or any thing herein contained to the contrary thereof in any wise notwithstanding .

And be it further Enacted by the Authority aforesaid , That the several good Laws , The Lawes and Statutes formerly made for Vniformity of Common Prayer confirmed , and to be executed for punishing offendors against this Law . and Statutes of this Realm , which have béen formerly made , and are now in force for the Vniformity of Prayer and Administration of the Sacraments , within this Realm of England , and places aforesaid , shall stand in full force and strength to all intents and purposes whatsoever , for the establishing and confirming of the said Book , Intituled , The Book of Common Prayer and Administration of the Sacraments , and other Rites and Ceremonies of the Church , according to the use of the Church of England , together with the Psalter , or Psalms of David , pointed as they are to be sung or said in Churches , and the form or manner of Making , Ordaining , and Consecrating of Bishops , Priests , and Deacons herein before mentioned to be joyned and annexed to this Act ; and shall be applied , practised , and put in ure for the punishing of all offences contrary to the said Lawes , with relation to the Book aforesaid , and no other .

Provided alwayes , and be it further Enacted by the Authority aforesaid , Letanies and Collects relating to the King , Queen , &c. That in all those Prayers , Letanies , and Collects , which do any way relate to the King , Quéen , or Royal Progeny , the Names be altered , and changed from time to time , and fitted to the present occasion , according to the direction of lawful Authority .

True printed Copies of the Book of Common Prayer to be prov●ded in all Parishes and Churches . Provided also , and be it Enacted by the Authority aforesaid , That a true Printed Copy of the said Book , Entituled , The Book of Common Prayer and Administration of the Sacraments , and other Rites and Ceremonies of the Church , according to the use of the Church of England , together with the Psalter or Psalms of David , pointed as they are to be sung or said in Churches , and the form and manner of Making , Ordaining , and Consecrating of Bishops , Priests and Deacons , shall at the costs and charges of the Parishioners of every Parish-Church and Chappelry , Cathedral Church , Colledg , and Hall , be attained and gotten before the Feast-day of St. Bartholomew , in the year of our Lord , One thousand six hundred sixty and two , upon pain of forfeiture of thrée pounds by the moneth , for so long time as they shall then after be unprovided thereof , by every Parish , or Chappelry , Cathedral Church , Colledge , and Hall , making default therein .

Proviso for the Bishops of Hereford , St. Davies , Asaph , Bangor , Landaff . Provided alwayes , and be it enacted by the Authority aforesaid , That the Bishops of Hereford , St. Davies , Asaph , Bango● , and Landaff , and their Successors , shall take such order among themselves , for the souls health of the Flocks committed to their Charge within Wales , That the Book hereunto annexed be truly and exactly Translated into the Brittish , or Welsh Tongue , and that the same so Translated and being by them , or any thrée of them at the least viewed , perused , and allowed , be Imprinted to such number at least , so that one of the said Books so Translated and Imprinted , may be had for every Cathedral , Collegiate , and Parish Church , and Chappel of Ease , in the said respective Diocesses and places in Wales , where the Welsh is commonly spoken or used , before the First day of May , One thousand six hundred sixty five ; And that from and after the Imprinting and publishing of the said Book so Translated , the whole Divine Service shall be used and said by the Ministers and Curates throughout all Wales within the said Diocesses where the Welsh Tongue is commonly used , in the Brittish , or Welsh Tongue , in such manner and form as is prescribed according to the Book hereunto annexed to be used in the English Tongue , differing nothing in any order or form from the said English Book , for which Book , so Translated and Imprinted , the Church-Wardens of every the said Parishes shall pay out of the Parish-money in their hands for the use of the respective Churches , and be allowed the same on their Accompt ; And that the said Bishops and their Successors , or any thrée of them at the least , shall set and appoint the price , for which the said Book shall be sold ; And one other Book of Common Prayer in the English Tongue , shall be bought and had in every Church throughout Wales , in which the Book of Common Prayer in Welsh is to be had , by force of this Act , before the First day of May , One thousand six hundred sixty and four , and the same Book to remain in such convenient places , within the said Churches , that such as understand them may resort at all convenient times , to read and peruse the same , and also such as do not understand the said Language , may be conferring both Tongues together the sooner attain to the knowledg of the English Tongue , Any thing in this Act to the contrary notwithstanding , and until Printed Copies of the said Book so to be Translated , may be had and provided , The Form of Common Prayer established by Parliament , before the making of this Act , shall be used as formerly in such parts of Wales , where the English Tongue is not commonly understood .

And to the end that the true and perfect Copies of this Act , and the said Book hereunto annexed may be safely kept , and perpetually preserved , and for the avoiding of all disputes for the time to come ; True and perfect Copies of this Act , and the Book of Common Prayer , by whom , and how to be had and kept . Be it therefore Enacted by the Authority aforesaid , That the respective Deans and Chapters of Every Cathedral , or Collegiate Church , within England and Wales , shall at their proper costs and charges , before the Twenty fifth day of December , One thousand six hundred sixty two , obtain under the Great Seal of England a true and perfect printed Copy of this Act , and of the said Book annexed hereunto , to be by the said Deans and Chapters , and their Successors kept and preserved in safety for ever , and to be also produced , and shewed forth in any Court of Record , as often as they shall be thereunto lawfully required ; And also there shall be delivered true and perfect Copies of this Act , and of the same Book into the respective Courts at Westminster , and into the Tower of London , to be kept and preserved for ever among the Records of the said Courts , and the Records of the Tower , to be also produced , and shewed forth in any Court as néed shall require ; which said Books so to be exemplified under the Great Seal of England , shall be examined by such persons as the Kings Majesty shall appoint under the Great Seal of England for that purpose , and shall be compared with the Original Book hereunto annexed , and shall have power to correct , and amend in writing , any Error committed by the Printer in the Printing of the same Book , or of any thing therein contained , and shall certifie in writing under their Hands and Seals , or the hands and seals of any thrée of them at the end of the same Book , that they have examined and compared the same Book , and find it to be a true and perfect Copy ; which said Books , and every one of them so exemplified under the Great Seal of England , as aforesaid , shall be déemed , taken , adjudged , and expounded to be good , and available in the Law to all intents and purposes whatsoever , and shall be accounted as good Records as this Book it self hereunto annexed ; Any Law , or Custome to the contrary in any wise notwithstanding .

Proviso for the Kings Professor of Law in Oxford . Provided also , That this Act or any thing therein contained , shall not be prejudicial or hurtful unto the Kings Professor of the Law within the Vniversity of Oxford , for , or concerning the Prebend of Shipton , within the Cathedral Church of Sarum , united and annexed unto the place of the same Kings Professor for the time being , by the late King James of blessed memory .

Provided alwayes , Proviso concerning the 3●th Article agreed in the Convocation , Anno 1562. That whereas the Six and thirtieth Article of the Nine and thirty Articles agréed upon by the Archbishops , and Bishops of both Provinces , and the whole Clergy holden at London , in the year of our Lord , One thousand five hundred sixty two , for the avoiding of diversities of Opinions , and for establishing of consent , touching true Religion , is in these words following , viz.

That the Book of Consecration of Archbishops and Bishops , and Ordaining of Priests and Deacons , lately set forth in the time of King Edward the Sixth , and confirmed at the same time by Authority of Parliament , doth contain all things necessary to such Consecration and Ordaining , neither hath it any thing that of it self is superstitious , and ungodly ; And therefore whosoever are Consecrated or Ordered according to the Rites of that Book , since the second year of the aforenamed King Edward , unto this time , or hereafter shall be Consecrated or Ordered according to the same Rites ; We decree all such to be rightly , orderly , and lawfully Consecrated and Ordered ;

It be Enacted , And be it therefore Enacted by the Authority aforesaid , That all Subscriptions hereafter to be had or made unto the said Articles , by any Deacon , Priest , or Ecclesiastical person , or other person whatsoever , who by this Act , or any other Law now in force is required to subscribe unto the said Articles , shall be construed , and be taken to extend , and shall be applied ( for and touching the said Six and thirtieth Article ) unto the Book containing the form and manner of Making , Ordaining , and Consecrating of Bishops , Priests , and Deacons in this Act mentioned , in such sort and manner as the same did heretofore extend unto the Book set forth in the time of King Edward the Sixth , mentioned in the said Six and thirtieth Article , Any thing in the said Article , or in any Statute , Act , or Canon heretofore had or made , to the contrary thereof in any wise notwithstanding .

Provided also , That the Book of Common Prayer , The Common Prayer used by Authority of Parliament 1. Eliz. to be used untill Bartholomew Day , 1662. EXP. and Administration of the Sacraments and other Rites and Ceremonies of this Church of England , together with the form and manner of Ordaining , and Consecrating Bishops , Priests , and Deacons heretofore in use , and respectively established by Act of Parliament in the First and Eighth years of Quéen Elizabeth , shall be still used and observed in the Church of England , until the Feast of St. Bartholomew , which shall be in the year of our Lord God , One thousand six hundred sixty and two . EXP. as to this last Clause .

CAP. V.

For Regulating the Making of Stuffs in Norfolk and Norwich .

WHereas divers abuses and deceipts have of late years béen had and used in the making of Worsteds , and other Stuffs commonly called , Norwich Stuffs , and in the Réeling of Yarnes , whereof the said Stuffs are either wholly , or in part made , which tends to the debasing of the said Manufacture , unto the prejudice of the publique ; which said Trade of Weaving of Stuffs hath of late times béen very much increased , and great variety of new sorts of Stuffs have béen invented ; 7 E. 4. cap. 1. so that the Power given by the Statute of the Seventh of Edward the Fourth , Chapter the First , is not sufficient for the Regulating of the same ; And that the number of the Wardens by the same Act appointed , being but Eight , are too few for the Governing and Ordering the same Trade , by which means the same Manufacture will soon be lost , ( if not prevented ) and carried into forreign Nations , to the great diminution of His Majesties Customs , and turning out of the work many thousands of poor people .

For prevention of which abuses , deceipts and evils , The number of Wardens and Assistants of Master Weavers in Norwich , how and when to be chosen . It is Enacted by the Kings most Excellent Majesty , with the advice and consent of the Lords Spiritual and Temporal , and Commons Assembled in Parliament , and by the Authority of the same , That there shall be Twelve Wardens , and Thirty Assistants , all which are to be Master-Weavers within the County of the City of Norwich , and County of Norfolk ; sir of which said Wardens , and fiftéen of the said Assistants shall be chosen the first Monday after Pentecost , in the year of our Lord God , One thousand six hundred sixty and two , and from thenceforth yearly , and every year on the next Monday after Pentecost , at some publique place by the Master-Weavers , or the greater part of them present of the said City and County of Norwich ; And the other six Wardens , and fiftéen Assistants shall be chosen upon the same day yearly within the City of Norwich , or County of Norfolk , in some publick place by the Master-Weavers , or the greater part of them present of the County of Norfolk . And the said Wardens respectively shall within fourtéen days after they shall be so chosen or elected , and notice thereof given , take the Oath ensuing , to be administred by the Mayor of the said City for the time being , or his Deputy , and the Steward of the Dutchy of Lancaster within the the said County for the time being , if it shall happen the said Steward shall be there present , or else before the said Mayor , or his Deputy onely ; which Oath they and every of them are hereby Authorized and required from time to time to Administer accordingly , Viz. I A. B. Do swear , The Oath to be taken by them . That I will well , faithfully , and honestly perform and discharge the Office of a Warden of the said Trade of Worsted Weavers , according to the best of my skill , power and knowledge . And that the said Assistants , and every of them , within the time aforesaid , shall take the like Oath before such person or persons before whom the Wardens shall be Sworn for the execution of that Office of an Assistant ; and that if it shall happen that any of the said Wardens , who shall be so chosen , shall refuse to take the said Oath , or after he be sworn , shall die before the end of the year , That then from time to time , so often as néed shall be , it shall and may be lawfull to , and for the Master-Weavers of the said City , County of the City of Norwich , and County of Norfolk , respectively , as the cause shall require , to chuse other Warden , or Wardens in the place of him , or them so dying , or refusing , who shall be sworn in such manner as aforesaid .

The powers in this act for Regulation of Trade to be put in execution . And for the Regulation , and good Government of the said Trade , and Manufacture , the said Wardens and Assistants , or any thirtéen of them , whereof seven to be Wardens , shall and may from time to time méet and consult together for the good , and benefit of the said Trade and Manufacture ; and for due execution of the Powers , and Authorities given by this Act , so often as to them shal séem expedient , or when it shall be desired by eight , or more of the said Assistants , at the place called Weavers Hall in the said City , Power to make By-laws and orders . or at such other place as they shall think fit : And that any thirtéen or more of the said Wardens , and Assistants , whereof seven at the least to be Wardens , shall have , and hereby have power and Authority , from time to time , so often as néed shall require , to make and ordain By-laws , Rules , and Ordinances , for , and concerning the Regulation of the laid Worsted-Stuffs , and other Stuffs now made , and which hereafter shall be made within the said City and County of the City of Norwich , and County of Norfolk , and in either of them , both in length , breadth , and goodness , and of such other particulars as shall by the said Wardens and Assistants so met , or the greater number of them , from time to time be adjudged requisit for the better Regulating the said Trade and Manufacture , and the Artificers of the same in the due execution of this Act ( and to make Seals from time to time for the sealing of the same Stuffs ) which By-laws , Rules , and Ordinances , being ratified and confirmed by the Mayor , and two Iustices of the Peace of the said City and County of Norwich for the time being , and thrée other Iustices of Peace of the said County of Norfolk ( whereof one to be of the Quorum ) shall be published four times in the year at the least , To be published at Four assemblies to be held yearly . at four Publick Assemblies for the said Trade and Manufacture , and shall be obeyed and kept by the several persons within and under the said Regulation .

The penalty upon offendors against such By-laws and orders . And the said Wardens and Assistants shall have , and hereby have power to impose a fine or penalty upon any person or persons under such Regulation , as shall not conform to such Rules , Orders , and Ordinances so made , and to be made and confirmed as aforesaid .

Provided that the said Fine or Penalty upon any person for not conforming as aforesaid , shall not excéed the sum of Ten shillings for any one offence .

Notice of meeting by the City of Norwich , to be g●ven to the Wardens of the County of Norfolk . And it is further Enacted , That the Wardens and Assistants of the said City , and County of the City of Norwich , shall from time to time give Personal notice unto the Wardens of the said County of Norfolk , or two of them at the least , of the time when they intend to consider of the making of By-laws , Rules , and Ordinances as aforesaid , and shall set it up in writing upon the Door of their Sealing-Hall , fourtéen days at the least before they shall procéed to the making the same ; to the end , that such of the said Country Weavers as are therein concerned may be there present ,

And for the better Regulation and carrying on the work aforesaid , and for avoiding of all Frauds and Deceipts therein ; Be it further Enacted by the Authority aforesaid , That all Yarns called Worsted Yarns , and such other Yarns , as are commonly used by the Worsted Weavers , shall be made without Fraud , Yarns called Worsted Yarns how to be made . and shall be Réeled on a Réel of a full Yard about , and every Réel-staff shall contain fourtéen Leas , and every Lea forty threads , twelve of which Réel-staffs shall make a dozen , and twelve of those dozens shall make a gross : And in case any Person or Persons shall sell , or expose to sale , any of the said Yarns made and Réeled , in any other manner than as is aforesaid , that then every such Person or Persons , shall forfeit the Moyety of the value of the said Yarns to the use of the said Trade , and Manufactures , after charges of Suit , and of Prosecution , first deducted out of the same , which forfeiture shall be recovered by Action of Debt , Bill , Plaint , Indictment , or Information in any of the Kings Majesties Courts of Record , wherein no Wager of Law , Essoyn , or Protection shall be allowed for the Defendant .

View and search to be made of manufactures in Faires and markets . And that it shall and may be lawful to , and for the Wardens and Assistants of the said Trade and Manufactures , or any two of them , from time to time to View and Search in all Fairs and Markets , and other publick places of sale of Yarns , within the said City of Norwich and County of the same , and County of Norfolk , and either of them , all Yarns which be there exposed to sale ; and such of the said Yarns , as they shall find defective , contrary to the Rules herein before set , that then it shall and may be lawful , to , and for the same Wardens , and Assistants , or any two of them , to seize the same Yarns , and bring the same within twenty days next after the Seisure thereof to Tryal by a Iury , and to be proceeded in , and fined in such manner and form as in this present Act is limited and appointed for defective Stuffs ; which said Iury shall have , and hereby have power to set such fine or fines upon the said Yarns , as they shall in their discrections sée cause , the same fines not to excéed the moyety of the Yarn so found defective , and the same fines to go to the Poor of the same Trade and Manufacture , as aforesaid .

Provided alwayes , That no person or persons shall be doubly punished for any one offence touching Yarns ( that is to say ) by this , and the former clause in this Act.

And it is hereby further Enacted , That all sorts of Stuffs , whether woven of Woollen onely , All Woollen Stuffs and Weavers to be under the Government of the said Wardens and Assistant . or of Wooll , and other Materials within the City and County of Norwich , and the County of Norfolk , and the Makers and Weavers of the same Stuffs , shall be under the power , Government , and Regulation of the said Wardens and Assistants , in such manner as by this and other Acts of Parliament , and the By-laws made , and to be made by vertue thereof , are or shall be established , ( except such Stuffs as are under the Regulation of the Wardens , and Fellowship of the mystery of Russel-Sattens , Sattens Reverses , and Fustians of Norwich-making , within the City of Norwich ; ) And that all Stuffs made and to be made under the Regulation aforesaid , before the same shall be offered , or put to sale , shall be brought to Weavers-Hall , for the time being , Good and sufficient shall be Sealed . within the County of the City of Norwich , to be viewed , and searched by the said Wardens , or any two of them ; And if the same shall be found to be well and sufficiently made , and wrought according to the Rules and Ordinances of the said Trade , then all such Stuffs shall be by the Wardens , or any two of them , Sealed , and allowed accordingly , without any sum of money paid , or to be paid for the same ; And if upon search and veiw thereof , any such Stuffs shall be found , Defective Stuffs shall be s●ized and tryed by a Iury. and appear to be defective , contrary to the Rules and Ordinances of the said Wardens and Assistants , then all such defective Stuffs shall be seized by the said Wardens , or any two of them , and tried by a Iury of Twelve Artificers of the said Regulation of Worsted-weavers , Six whereof to be of the City of Norwich , and Six to be of the County of Norfolk , who shall be from time to time Impanelled by a Precept under the Hand and Seal of the Mayor of the City of Norwich for the time being , or his Deputy ; And if any who shall be so Impanelled shall fail in appearance , the number to be made up either of the Master-weavers of the City of Norwich , or of the County of Norfolk , by a Precept from the said Mayor ; which Iury so Impanelled or taken , and Sworn before the Mayor of the said City for the time being , shall try the said Stuffs , and find whether they be made according to this Act , and the By-laws and Ordinances made by vertue thereof , or of any other Act of Parliament , and shall have power to impose a moderate fine , according to the nature of the offence , not excéeding the moyety of the value of the defective Stuffs so seized and tried , the same fines to go to the use of the Trade and Manufacture ; And those Stuffs which shall be found defective , to be detained until the fine or fines set upon them by the Iury be paid ; which if the Owner of the same Stuffs shall not pay to the said Wardens , or some of them , within fourty days after the Trial , then the same Stuffs to be sold by any two of the said Wardens , and the overplus of the moneys thereof coming after the fines deducted , to be restored to the Owner upon demand .

And it is further Enacted , That if any Warden or Wardens shall at any time seal , The penalty for Sealing defective Stuffs . or cause to be sealed , any Stuffs made under the said Regulation , which shall afterwards be discovered by any person to be defective , contrary to this present Act , and the By-laws , Rules and Ordinances thereupon made , or hereafter to be made , or any of them , and found so to be by a Iury of the twelve Artificers of the said Trade , from time to time to be Impanelled and Sworn before the said Mayor or his Deputy , and the said Steward of the Dutchy of Lancaster for the time being , if he be there present ; And if the said Steward be absent , then before the said Mayor or his Deputy onely , of which Iury six shall be of the said City Weavers , and the other six of the said Countrey-Weavers , who shall have , and hereby have power to set and impose a fine upon the Warden or Wardens of the said Trade offending , for every piece of defective Stuff so sealed , as the same Iury in their discretions shall think fit , the same fine not excéeding the sum of Fourty shillings , which shall be to the use of the Kings Majesty ; And that the same Iury , or any other such like Iury , from time to time to be Impanelled by , and sworn before the persons aforesaid , or any of them , shall likewise enquire into all , and every other the frauds , abuses and miscarriages of the Wardens and Assistants , and every of them , in the execution of their Offices , and correct and punish them and every of them for their several offences , in such manner as is herein before mentioned to be done against any other offendors , who are under the said Regulation .

Provided , That if the said Wardens , or any of them , shall be unjustly molested , Persons unjustly molested to have double damages . and that if such Stuffs , upon tryal , shall be found by the Iury to be good , and duely made , or that they , or the Assistants , or any of them , are not guilty of any such frauds , miscarriages , or abuses , as they are complained of for , the person or persons so causlesly molesting , shall pay to the Wardens or Assistents , or any of them , so unjustly molested , double the damages they or any of them , shall or may sustain by any such molestation

And be it further Enacted by the Authority aforesaid , None may buy Stuffs unsealed . That it shall not be lawful for any person or persons to buy any piece or pieces of Stuffs , before the same be sealed by the Wardens of the said Trade , saving to the Kings Majesty , His Heirs and Successors , all such right of Customs , Subsidies and Aulnage of Norfolk and Norwich-Stuffs or Worsteds , or any of them , as he or they might lawfully have claimed before the making of this Act : Saving for the Kings Aulnage . And that if any piece or pieces of Stuffs shall be found in the possession of any person or persons unsealed , except in the possession of the first Owner or Maker thereof , the person or persons in whose custody the same shall be found , shall be adjudged guilty of deceit , and shall forfeit for every such piece of Stuff , which be so found in his or their possession , unsealed as aforesaid , the sum of Four shillings ; The penalty for buying unsealed Stuffs . And the Maker and Seller of the same , who shall deliver the same out of his or their possession before the same be sealed , shall likewise forfeit for every such piece , other Four shillings , to the use of the Poor of the said Trade and Manufacture .

And that if any person shall counterfeit any Seal of the said Trade , or shall seal any piece of Stuff under the Regulation with any counterfeit Seal , The penalty for counterfeiting any seale of the said Trade . or shall remove a Seal off one piece , and set it unto another piece which hath not béen sealed by the Wardens , every person so offending , and being thereof convicted by his own confession , or by the Oath of two , or more Witneses , to be taken before the Mayor of the said City or his Deputy , or any one Iustice of the Peace of the City of Norwich , or County of Norfolk , who respectively have hereby power to administer an Oath for that purpose , shall forfeit for every such offence the sum of twenty pounds of lawful English money , to the use of the Kings Majesty .

None may use the said Trade but such as have been apprentices 7. years . And be it further Enacted by the Authority aforesaid , That no person or persons shall use or exercise the same Trade as a Weaver , unless he hath served to the same Trade as an Apprentice , by the space of seven years , upon pain of forfeiting Fourty shillings for every moneth he shall use or exercise the same Trade , not having served thereunto as aforesaid , the one half thereof to the Kings Majesty , and the other half thereof to the person or persons who will sue or prosecute for the same by Action of Debt , The penalty Bill , Plaint , Indictment , or Information , in any of His Majesties Courts of Record .

Every one shall weave his own marke in his Stuff . And that every person under the said Regulation shall weave his proper Stuff-Mark into every piece of Stuff which he shall weave , or cause to be woven , at the head end of the same piece , upon pain of forfeiting thrée shillings for every piece that shall be woven without such Mark , to the use of the poor of the said Trade and Manufacture .

The Wardens and Assistants may enter houses , Work houses and ware houses to search for Stuffs . And the said Wardens and Assistants , or any two or more of them , shall have , and hereby have power to enter into , and search the Houses and Work-houses of any Artificers within the City of Norwich , and County of Norfolk , under the Regulation of the said Wardens and Assistants , and the Shops , House , and Ware-houses of any Merchant , common buyer , dealer in , and retailer of any the said Stuffs , and into the house and Work-house of any Dier , Shéer-man , Callender , or other workmans house and place of sale , and dressing of the said Stuffs , at all times of the day , and usual times of working , and may there search and view the Stuffs there found , whether they be ordered and made according to this present Act , Faulty and defective Stuffs to be seized and tryed . and the Laws , Orders , and Ordinances of the said Trade ; And that if any such Stuff as aforesaid , shall be found faulty or defective , That then they , or any two of them , shall seize , take , and carry away the same to be ordered and brought to Tryal , and procéeded against in manner and form , as is before in this present Act mentioned and appointed for defective Stuffs .

Proviso for poor Iourneymen . And for the better providing that poor Iourneymen , who have served in the said Trade , and are not able to set up for themselves may be Imployed in work , It is hereby Enacted , that whatsoever person under the Regulation of the said Trade , who shall Imploy two Apprentices in the said Trade , shall likewise Imploy and set on work two Iourneymen in the said Trade , during the time he imploys two Apprentices ; And that no Master-weaver under the Regulation of the said Trade , shall at any time have , imploy or set on work above two Apprentices , or any wéek-boy to weave in a Loom in the said Trade in Worsted-weaving , upon pain that every person shall forfeit for every moneth so offending as aforesaid , the sum of five pounds to the use of the Kings Majesty .

Obedience and conformity to this Act. And be it further Enacted , That all persons who are or may be concerned in any thing contained in this present Act , are hereby strictly enjoyned and required to yield due obedience thereunto , according to the true intent and meaning of this present Act ; And that if any person or persons shall refuse , Penalty upon such as shall refuse or hinder the Execution . hinder , or will not permit the said Wardens or Assistants , or any two or more of them to execute their Office according to the Tenor of this Act , That then every person so offending , being thereof Convicted by the Oath of one or more credible Witnesses before the Mayor of the said City , or his Deputy , or any one Iustice of Peace of the said City of Norwich , or County of Norfolk respectively , who are hereby Authorized to administer such Oath , shal forfeit the sum of Forty shillings to the use of the Kings Majesty .

And if any person lawfully Summoned to appear upon any Iury or Trial , according to the Tenor of this Act , The penalty for not appearing upon a Iury or tryall . shall refuse , or neglect to appear and procéed upon the same , every person so refusing or neglecting , shall forfeit for every such neglect , or refusal , the sum of Five shillings , to to the use of the Poor of the said Trade and Manufacture ; which said penalties and forfeitures , together with all other Fines and Penalties , which are appointed to go to the poor of the Trade and Manufacture , or for the use thereof mentioned in this Act , the means of Recovery of which is not already otherwise herein provided and set forth , shall be levied by distress and sale of the Offenders Goods and Chattels , by warrant to be granted by the said Mayor , or his Deputy for the time being , or any one Iustice of Peace of the City of Norwich , or County of Norfolk , rendring the Overplus of such distress to the Owner thereof , if any shall be , and the same shal be by him demanded , or otherwise to be recovered by Action of Debt , Bill , Plaint , Indictment , or Information in any His Majesties Courts of Record , wherein no wager of Law , Essoyn , or Protection shall be allowed to the Defendant as aforesaid .

And whereas the Custom hath béen retained time out of mind , and found expedient , that there should be a cessation of weaving every year in the time of Harvest , in regard the Spinners of Yarn which the said Weavers do use , No weaving of Stuffs in time of Harvest . are at that time chiefly imployed in Harvest-work ; Be it Enacted , That no Weaver under the Regulation of the said Trade and Manufacture , shall set any Loom on work for the weaving of any Stuffs under the said Regulation in the time of Harvest yearly , from the Fiftéenth day of August in every year , until the Fiftéenth day of September then next following , upon pain , of forfeiting to the Kings Majesty the sum of Forty Shillings for every Loom which shall be used in work within the said time .

And be it further Enacted by the Authority aforesaid , Trut accompts to be made at the 4 assemblies of all fines and forfeitures . That a true accompt shall be made at the four Assemblies ( to be held quarterly as aforesaid ) by the Wardens before the Mayor of the City of Norwich for the time being , and one of the Iustices of the Peace of the said City and County of Norwich , and two Iustices of the Peace of the County of Norfolk , of all such Fines and Forfeitures as shall be received and had , belonging to the said Trade and Manufacture , and of the necessary Charges and Disbursements touching the same Trade and Manufacture ; and that the Over-plus which shall remain after the said necessary Charges and Disbursments are deducted , shall be devided into two equal parts , the one Moyety thereof to be disposed of by the Wardens and Assistants of the said City of Norwich , or the greater part of them , and the other Moyety thereof by the Wardens and Assistants of the said County of Norfolk , or the greater part of them , for the use of the Poor of the said Trade and Manufacture in such manner as the said Mayor and Iustices aforesaid respectively shall order and direct , and no other , any thing in this Act to the contrary thereof in any wise notwithstanding .

And that all Mayors , Iustices , Sheriffs , Bayliffs , Constables , and all other Officers , All Mayors , bayliffs &c. to be ayding and assisting . shall be aiding and assisting to the said Wardens and Assistants , or any of them , as often as they shall be thereunto required ; and in all Actions and Suits that shall be brought against any person or persons , for Acting in any thing according to the true intent and meaning of this Act , the person or persons so sued or molested , shall or may plead the general Issue of not guilty , In Action the defendant may plead the general issue . and give the special matter in Evidence , and shall recover double Costs in every such case , if the Verdict pass for such person or persons , or that the Plaintiff or Plaintiffs be Nonsuit therein .

Provided alwayes , That this Act nor any thing therein contained , Double costs shall extend to compel the Weavers of the Towns of Great Yarmouth , and Lyn , in the said County of Norfolk , to bring their Wares to Notwich to be Sealed , or be prejudicial to the Weavers of the said Towns , Proviso for the Weavers of Great Yarmouth and Lyn. or either of them , to deprive them , or either of them of such Liberties or Priviledges as are granted unto them by an Act of Parliament , made in the Fourtéenth Year of King Henry the Eight , or by any other Act of Parliament , or Grant , or Charter whatsoever . This Act to begin , and take effect from the Fiftéenth day of May , One thousand six hundred sixty and two .

CAP. VI.

For Enlarging and repairing of Common High-ways .

VVHereas the former Laws and Statutes for the Mending and Repairing of the Common and publick High-wayes of this Realm have not béen found so effectual as is desired ; by means whereof , and the extraordinary Burthens carried upon Wagons , and other Carriages , divers of the said High-ways are become very dangerous , and almost unpassable :

For remedy whereof , Be it Enacted by the Kings most Excellent Majesty , by , Surveyors of the High-wayes to be chosen yearly the Munday or Tuesday in Easter week . and with the advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of the same , That the Church-wardens and Constables , or Tything-men of every Parish , Town , Village , or Hamlet for the time being , within the Kingdom of England , Dominion of Wales , and Town of Berwick upon Tweed , shall upon Munday or Tuesday in the Easter wéek yearly ( whereof notice shall be publickly given the Sunday foregoing , in the Church , immediately after the end of Morning Prayer , ) with the advice and consent of the major part of the Inhabitants which shall be then present , choose Two or more sufficient and able persons , residing and inhabiting within their Parish , Town , Village or Hamlet , to be Surveyors of their High-ways for the year next ensuing , and give notice thereof in writing to the persons chosen ; and for default of such choice , so to be made , as aforesaid , The penalty the Church-wardens , Constables , or Tything-men , and Inhabitants of every such Parish , Town , Village , or Hamlet , shall forfeit and lose the sum of Five pounds .

And be it Enacted by the Authority aforesaid , That all and every Surveyor and Surveyors , The duty of the Surveyors within twenty days next after notice given unto him or them , of his and their Election as aforesaid , or of the publication of this Act , shall upon the penalty of Five pounds , Veiw and Survey all the Common and Publick High-ways and Bridges within the Parish , Town , Village , or Hamlet wherein he or they are respective Surveyor or Surveyors , and all Water-courses , Causeys , and Pavements therein which are to be Repaired and Amended at a Publick Charge of the said Parish , Town , Village or Hamlet , and shall consider what reparations shall be néedful to be made , and what sum or sums of money will be requisite to be raised for the Amending , Repairing and Enlarging of the same , over and above what will be done by the other Laws made for the Amending of the said High-ways , and thereupon shall together with two or more substantial Housholders of the said Parish , Town , Village or Hamlet , called by the Surveyors to their Assistance within ten days after such Survey made , lay one or more Assessment or Assessments , How and upon whom to lay Assessment for mending or Enlarging the High-wayes . upon every Inhabitant rated to the Poor , and upon every Occupier of Lands , Houses , Tythes Impropriate or Appropriat , Portions of Tythes , Coal-mines , and other Mines saleable , Vnderwoods , Stock , Goods , or other personal Estate , not being Houshold-stuff , within the said said Parish , Town , Village or Hamlet , for the Repairing , Amending and Enlarging of the said publick and common High-ways , as they the said Surveyors , and other the substantial Housholders , or the Major part of them shall think fit , méet and necessary ; which said Assessment or Assessments shall not excéed in the whole above the sum of Six pence in the pound in any one year , according to the real value of the same , and Twenty pounds in Money , Goods , Stock , or other personal Estate , shall be rated equally to Twenty shillings a year in Lands ; And every such Assessment so made , shall within Six days after be presented to some Iustice of the Peace near adjoyning to the Parish where it is made , to be séen , allowed , and signed by him ; And after such Allowance , every person so Assessed or Taxed , that shall not within Twenty days after demand made by the Surveyors , or one of them , pay such sum or sums of Money Assessed on him , or her , or them , unto the Surveyors or one of them , shall forfeit and pay double so much as he , she , or they are Assessed to pay ; unless ( upon complaint made to the said Iustice of wrong done to such person by that Assessment ) the said Iustice shall think fit to alter the same : And in case where common Nusances are in High-ways , or where Ditches or Water-courses adjoyning unto High-ways , are not scoured and dressed , the said Surveyors shall sée the same reformed , and the offenders punished according to Law , deducting out of the Moneys so to be raised , his reasonable Charges for prosecution : And for the more effectual Mending the High-ways , and Parish-Bridges , and Stréets , the Surveyors aforementioned shall yearly at the most convenient and fitting time , betwéen the First of May , and the last of August , hire labourers , Work-men , Carts and Carriages , for Amending the High-ways , Stréets , Parish-Bridges aforesaid , and Water-courses , and shall cause them to be well and sufficiently mended .

The Surveyors may charge Carts and Work-men . And for the better effecting thereof , Be it Enacted by the Authority aforesaid , That the said Surveyors , or any of them within their several Limits and Iurisdictions , may yearly as he shall see cause , and néed require , direct and appoint every person and persons ; who by the former Laws and Statutes of this Realm are chargeable with Wayn or Cart , 2 & 3. Ph. & Mar. ca. 8. 5 El. ca 13. 18 El. ca. 10. to the amending of the High-ways ; and every other person and persons chargeable , to come to labour at the said ways , to send his or her Cart or Wayn and Team so furnished , as by the Laws is directed , or to come and work for the amending of the High-ways for so many days as by the Laws are appointed , or for so many of them as the said Surveyors shall think néedful and appoint ; for which Teams , work and labour , the said Surveyors shall pay unto such workmen and Owner of such Teams , Carts and Wayns , according to the usual rate of the Countrey , for such work as they shall do over and above what by the other Laws made for the amending the High-ways they are appointed to do : And if any question shall arise about the value or worth of such work or labour , for Man or Teams , some Iustice of the Peace near adjoyning , and not living in the said Parish , shall determine what is fit to be allowed for such work ; Penaly upon such as refuse or neglect . And in case any person so charged to send his or her Team to work , as aforesaid , shall refuse or neglect to do so , such person so refusing or neglecting , shall forfeit ten shillings for every day that he or she shall make such default , and every Labourer Eightéen pence for such day that he neglects to work as aforesaid .

Provided , That no person or persons , occupying any Lands , shall be Assessed and Taxed both for the said Lands and the Stock , which he or they shall use or imploy upon the same .

In what cases High-ways may be Enlarged out of mens lands next adjoyning . And be it further Enacted by the Authority aforesaid , That it shall and may be lawful , to and for the said Surveyors of the High-ways for the time being , of every such Parish , Town , Village or Hamlet , within their several Precincts from time to time , by order from the Quarter-Sessions , and upon the view , and by the allowance or consent of two or more Iustices of the Peace of the County , Authorized thereunto by the Sessions , wherein such Parish , Town , Village or Hamlet shall lie , under their hands and seals in writing , where any common or publick High-way is not of the breadth of eight yards from the shoars and brinks of the Ditches on either side , or from the banks and hedges where there are no Ditches , to assign and lay out so much of any mans several Lands next adjoyning to the said Common and publick High-way , where they shall think it néedful , and it may conveniently be done , as shall enlarge the said way to be the full breadth of eight yards , or so much broader ( toward the bredth of eight yards ) then now it is , as conveniently the place will bear from the said shoars , Ditches , Banks or hedges , by the consent of the Owner or Owners of the said lands , according to his or their respective interests therein , or otherwise by order of the Iustices of Peace at their Quarter-Sessions after a Writ of Ad quod damnum first issued out , and returned , to assign and lay out a more new and commodious way in and over the said lands next or near adjoyning to the said common and publick High-ways , the said Surveyors first giving such satisfaction for the said ground unto the respective owners of the same , according to their several and respective Interest in the whole , not excéeding Twenty years purchase : Provided always , That if any common or publick High-way or ways , shall be so altered and changed , as is aforesaid , that then , and in such case , the same new Way , or Ways , as also any new Way or ways altered , or to be altered by a Writ of Ad quod damnum , shall from time to time be repaired and amended by such Parish or Parishes , Town , Hamlet , or Village , or by such person and persons , and in such manner and form , as the said old and former common or publick High-way or ways was , or were to be repaired and amended .

Digging for gravel in wasts and Commons . And be it further Enacted by the Authority aforesaid , That where there is not sufficient Gravel , Chalke , Sand , Cinders , or Stones , within any Parish , Town , Village , or Hamlet , to repair their common , and publick High-ways , it shal be lawful for the Surveyor and Surveyors , and such person and persons as he or they shall appoint , upon the allowance and approbation of any two Iustices of Peace within the said County , to digg , take , and carry away Gravel , Chalk , Sand , Cinders , or Stones , out of the Waste and Common of any Neighbouring Parish , Town , Village or Hamlet , or upon the Sea-Coast , without paying any thing for the same , for the repairing and amending of the High-ways aforesaid , so as they fill up the place within one moneth next ensuing , if required by the Owner of the Soyl.

Provided always , and be it further Enacted by the Authority aforesaid , In what cases Gravel , Stones , &c. may be digged in mens several grounds . That where there is not sufficient Gravel , Chalk , Stones , Cinders and Sand , or other Materials for to repair the High-ways , within the Common or Waste grounds of any Parish , Township , or Hamlet , for to amend and repair the High-ways therein , it shall and may be lawful for the said Surveyor or Surveyors , or such as they shall appoint , to enter into the several ground ( not being an House , Orchard , Garden , Court-yard , Park with Déer in it , or Meadow ) of any person or persons within the said Parish , Township , or Hamlet near adjoyning to the High-ways to be repaired , where any such Materials are or may be found , and to dig , take and carry away from time to time such quantities thereof , as the said Surveyor or Surveyors shall judge necessary for the said reparations , without paying any thing for the said Materials , ( except only where they have formerly béen paid for by Custom , or Composition , and at such rates as heretofore were paid for the same ) rendring only such damages to the Occupier or Owner thereof , as he shall sustain by the digging and carriage thereof , to be assessed by two Iustices of Peace near the said Parish , in cases of difference about the same : Provided , That the pits and holes so digged , be filled up in such manner , and under such penalties as are prescribed in the Statute made in the Fifth year of Quéen Elizabeth , concerning the amending of High-ways .

And be it further Enacted by the Authority aforesaid , What number of Horses or Oxen may be used in Carts and Carriages upon the High-ways . That from and after the Nine and twentieth day of September , which shall be in the year of our Lord , One thousand six hundred sixty and two , no travelling Waggon , Wain , Cart or Carriage wherein any Burthens , Goods , or Wares are or shall be carried or drawn for hire other then such Carts and Carriages as are imployed in and about husbandry and manuring of Lands , and in the carrying of Hay , Straw , Corn unthreshed , Coal , Chalk , Timber for Shipping , Materials for Building , Stones of all sorts , or such Ammunition or Artillery as shall be for His Majesties Service ) shall at any one time travel , be drawn , or go in any Common or Publick High-way , or Road , with above seven Horse-beasts whereof six shall draw in pairs , and not with above eight Oxen , And what Weight . or six Oxen and two Horse-beasts ; nor shall at any time carry above Twenty hundred weight , betwéen the first day of October , and the first of May ; nor above Thirty hundred weight betwéen the first of May and the first of October ( except such particulars as aforesaid ) nor above five Quarters of Wheat , Meal , Messine , Rye , Pease , Beans and Tares , nor above eight Quarters of Barley , Malt or Oats , and after that proportion ; nor shall any Waggon , Wayn , No Wheels to be under 4. inches breadth in the Tyre . Cart or Carriage for the uses aforesaid be imployed , the Whéels whereof are less in breadth then four Inches in the Tyre , upon pain that every Owner of such Waggon , Wayn , Cart , Carriage , Horse-beasts , or Oxen , shall forfeit for every of the said offences the sum of Forty shillings , The Penalty , and how to be disposed . to be divided into thrée equal parts , One part thereof to the Surveyors of the High-ways of the Town , Village or Hamlet , where any of the said Offences shall be committed , to be imployed in the Repairs of the said High-ways ; One other part to the Overséers of the poor of the Parish where any of the said Offences shall be committed , for the relief of the poor of the said Parish ; and the other part thereof to him that shall discover and prosecute for any of the said offences , the said penalty to be levied by distress of all or any of the said Horse-beasts or Oxen , and to be distributed as aforesaid , by the Constable , Surveyor or Surveyors of the said High-ways , Overséer or Overséers of the poor , or any of them ; And in case the said penalties shall not be paid within thrée days after such distress , that then it shall be lawful to and for the said persons so distraining as aforesaid , to sell the same , and to restore the overplus to the Owner , the charges of kéeping & selling first deducted .

And be it further Enacted , That all and every the said offences shall be ,

The offences declared common Nusances .

All Suits upon this Act shall be laid in their proper County , and the Defendant may plead the general Issue .

and are hereby declared and adjudged to be common Nusances .

And be it further Enacted , That if any Suit shall be commenced against any person , for any thing done in pursuance of this Act , that in every such case the Action shall be laid in the proper County where the fact was done , and not elsewhere ; and the Defendant may plead the general Issue , and give this Act and the special matter in evidence at the Tryal , and if it shall so appear to be done , or that it was not done in the County where the said Suit is commenced , that then the Iury shall find for the Defendant ; and in such case , as also if the Plaintiff shall be non-suit , or discontinue his Action after the Defendant hath appeared , or if upon Demurrer , Iudgment be given against the Plaintiff , or if upon Tryal a Verdict pass for the Defendant , the Defendant shall have his double Costs , and the like remedy for the same as any Defendant hath in any other case by Law .

And be it further Enacted by the Authority aforesaid , All Moneys raised by Assessment , Issues forfeited , &c. shall be levied and imployed for mending the High-ways . That all sums of money so rated and assessed as aforesaid , and all charitable Gifts formerly given , or to be given , for the making , amending and kéeping in repair of any common and publick High-ways , Pavements and Cawseys , ( except as hereafter is excepted ) and all Fines , Penalties , Forfeitures and other sums of money arising by Assessment , or otherwise by this Act , not otherwise by this Act disposed of , and all Issues to be forfeited for not appearing to any Information or Indictment for not repairing any High-ways , or removing Nusances out of the same , and all Fines and Amerciaments to be imposed upon any Parish , Town , Village or Hamlet , or upon any private person , for not repairing of common and publick High-ways , which are not otherwise disposed by this Act , shall be employed and bestowed by the said Surveyors within the respective Parishes , Towns , Villages and Hamlets , to which such charitable Gifts are given and bestowed , and within which such Assessment , Fines , Penalties , Forfeitures , Issues and Amerciaments are imposed , happened or made , in paying for Materials , Workmens wages and for such other employments , as are hereby appointed to be done and performed , and be levied , collected , and gathered by the said Surveyors , or any of them by Warrant under the Hands and Seals of any two Iustices of Peace within the County , City , Riding , Town Corporate , Liberty or Limit wherein the same lieth , by distress and sale of the Goods , as is aforesaid .

Accompts to be given by the Surveyors yearly of all Money raised for mending the High-ways . And be it further Enacted by the Authority aforesaid , That every person so Elected , and taking upon him or them the Office of Surveyor or Surveyors , as aforesaid , shall within one moneth next after the expiration of the year wherein he executed the said Office as Surveyor of the High-ways , make and yield up to the Inhabitants of the Parish , Town , Village or Hamlet , at some publick Méeting , to be appointed by the said Inhabitants , a perfect Accompt in Writing under his and their Hands , of all the Moneys he or they received or paid within his or their year , for or by reason of his or their Office ; namely of whom , and what received , and to whom , and what paid , and what Moneys are in arrear and unpaid , either for Assessments , Fines , Forfeitures , Penalties and charitable Gifts ; and if any overplus be in his or their hands , he or they shall return and pay the same to the next Surveyors , or one of them , for the use of the Parish , Town , Village or Hamlet , to be disbursed in and about the High-ways , in the following year : And if the said Surveyor or Surveyors shall not make such an Account and Payment as before , any two Iustices of the Peace , living near to , or in the said Parish , shall and may upon complaint unto them made , examine the business upon Oath , and upon default found in the Surveyor or Surveyors , shall and may commit him or them to the Common-Goal of that County , City , Riding , Town-Corporate , Liberty or Limit , there to remain until he hath made a true and perfect Account and Payment , as aforesaid .

Who may enquire , hear and determine offences against this Act. And be it further Enacted , That all and every Iustices of Assise , Oyer and Terminer , and Iustices of the Peace , shall have power and authority , and are hereby enabled and impowred to inquire after , hear and determine all matters concerning charitable Gifts , for the making , amending and kéeping in repair any Common High-ways , Pavements , Stréets and Cawseys within the limits of their Commission , and to make Orders therein for the due imployment of such charitable gifts , according to the true intent and meaning of the Donors thereof ; Except gifts to the aforesaid uses made to any Colledg , Hall , Frée-School or Hospital , which have Visitors of their own , and also to hear and determine all offences , defaults and defects in Surveyors or others , concerning the premisses .

Appeal allowed to persons grieved .

43 El. cap. 4. In what cases only a Certiorari may be allowed to remove any Indictment , &c. upon this Act.

Provided , That if any person be agrieved with such Order , they shall have liberty to appeal to the Court of Chancery , as in the case of a Decrée made upon the Statute of Charitable Vses .

And be it further Enacted by the Authority aforesaid , That from and after the First day of May , One thousand six hundred sixty and two , no Certiorari shall be allowed to remove any Information , Indictment , Presentment , Order or other procéedings in the Quarter-Sessions , of , for , or concerning any matter or thing in this Act , unless the party or parties against whom any such Information , Indictment , Presentment , Order or other procéedings shall be had by vertue of this Act , shall before the allowance of such Certioraries , become bound to the person or persons prosecuting , in the sum of Forty pounds , with such sufficient sureties as the Iustices of Peace at their said Quarter-Sessions of the Peace shall think fit , with condition to pay unto the said prosecutors , within one moneth after the conviction of such parties indicted , their full costs and damages , to be ascertained upon their Oaths , and that in default thereof , it shall be lawful for the said Iustices to procéed to trial of such Indictments , any such Writs of Certiorari to remove the same Indictments notwithstanding .

Laycock - Bridge in Com. Wilts. And whereas at a general Quarter-Sessions held for the County of Wilts , It was ( at the humble Petition of the Petitioners of Laycock , and other Inhabitants of the said County ) Ordered , That one ancient Bridge called Foot-Bridge , leading thorow the said Parish , betwéen London , Bath and Bristol , being more commodious for all Passengers than on● other Bridge in the said Parish , called Rey-Bridge , should be repaired and made passable for all Carts , Waggons and Carriages ( with the Materials of Rey-Bridge ) which was thereby Ordered to be taken down , which Order was accordingly put in execution in the said County and Parish ; Be it therefore Enacted by the Authority aforesaid , That the said Parishioners , and all others imployed by them in the pulling down the said Bridge , called Rey-Bridge , and imploying the Materials thereof , as aforesaid , shall be , and are hereby indemnified from all suits , troubles , and molestations whatsoever , touching or concerning the same ; and that the said Parishioners of Laycock , and other the aforesaid Inhabitants , shall not hereafter be compelled by Information or Indictment , or any other way be made chargeable with the re-building of the said Bridge , called Rey-Bridge , otherwise than for the maintaining the said Bridge sufficient for Horse and Pack , as it now stands , any Law or Statute to the contrary in any wise notwithstanding .

Wildes of Surrey , Sussex , Kent . Provided likewise , and be it Enacted , That this Act shall not extend to exempt any Owner , Farmer , or Lessée of any Iron work , or other person within the Wildes of the Counties of Surrey , Sussex , or Kent , for carrying so many load of Cinder , Gravel , Stones , and other materials , or contributing such sums of money towards the amending and repairing of the High-ways , as they are obliged to by any former Acts. 14 & 15 H 8. cap. 6. 39 El. ca. 19.

And be it further Provided and Enacted , That where the Iustices of the Peace of any County , at their General Quarter-Sessions , or any two of such Iustices , near to any Parish , Township , or Hamlet , shall be fully satisfied that the High-ways and Bridges within the same , may and will be sufficiently amended and repaired , according to former usage , without the help of this Act , that then , and in such Cases only , there shall no Assessment be made within the same , for and towards their reparations , by vertue of this Act.

Provided always , And be it further Enacted by the Authority aforesaid , That the Iustices of Peace of the County of Middlesex , in their publick Sessions of the Peace , shall have power and authority to make Orders for erecting or setting up a new Bridge of Brick or Stone , fitting for the passage of Carts and Carriages , in the room and place of a Bridge now only passable for Foot and Horse , called Stratford-Bridge , in the Parish of Hillingdon , in the said County , Stratford Bridge . Hillingdon . Middlesex . or in some other more convenient place near thereunto , at the present charge of the whole County , for the erecting of the same ; but to be upheld , repaired and maintained , after it be so erected , at the charge of the Lord of the Mannor wherein the said Bridge now standeth , proportionable to the charge he is now at , for maintaining the Horse-Bridge , and the residue of the charge to be born by the Parishioners of the said Parish ; For which purpose , the said Iustices of the Peace at their said publick Sessions , are hereby enabled to make respective rates accordingly , so as the sum to be assessed for the erecting the said Bridge , excéed not the sum of One hundred pounds ; and the said Iustices are to take care that the said Bridge be finished by or before the First day of August , in the year of our Lord God , One thousand six hundred sixty and thrée .

And be it Enacted by the Authority aforesaid , Bridges to have sufficient Walls or Posts and Rails . That the said Surveyors do take care that all and every Bridge or Bridges within their respective limits , shall before the Feast of St. Michael , One thousand six hundred sixty and two , have sufficient walls or posts and rails of each side thereof , four foot high at the least ; and that the said walls , or posts and pails , be from time to time kept in sufficient repair .

Provided always , And be it Enacted by the Authority aforesaid , Proviso for chusing Surveyors for the year 1662. EXP. That the Surveyors of the High-ways , named for the year One thousand six hundred sixty and two , shall within twenty days after the publication of this Act , procéed to do and execute all things in this Act for the said year One thousand six hundred sixty two ; And where there are no Surveyors of the High-ways chosen for the said year One thousand six hundred sixty two , they shall be chosen within twenty days after publication of this Act by such persons as by this Act is appointed ; and being so chosen , they shall hereafter do and execute all things according to the tenor of this Act.

Provided also , And be it Enacted by the Authority aforesaid , That where any Lands are let , Tenants to bear the charges of Assessments for High-ways . the Tenant and Occupier thereof shall pay the Assessment , and bear all charges for the mending of the High-ways , and not the Landlord , except where there is or shall be any agréement betwéen the said Landlord and the Tenant to the contrary .

Provided also , and be it further Enacted , The continuance of this Act. That the power of raising and levying money by vertue of this Act , shall continue in force for thrée years only , from the Five and twentieth day of March , One thousand six hundred sixty and two , and no longer , but that all other Powers and Clauses in this Act shall continue and stand in force until the end of the first Session of the next Parliament , and no longer .

CAP. VII .

Exportation of Leather , and Raw Hides out of the Realm of England , restrained .

WHereas notwithstanding the many good Laws before this time made , and still in force , 5 E. 6. cap. 15. 6 El. cap. 22. 8 El. cap. 14. 18 El. cap. 9. prohibiting the Exportation of Leather out of this Realm , and the penalty by those Acts imposed , by the cunning and subtilty of some persons , and the neglect of others , who ought to take care thereof , there are such quantities of Leather daily exported to forreign parts , that the price of Leather is grown to those excessive Rates , that many Artificers working Leather , cannot furnish themselves with sufficient store thereof , for the carrying on of their Trades ; and the poor sort of people are not able to buy those things made of Leather , which of necessity they must make use of :

For redress of which griefs , Be it Enacted by the Kings most Excellent Majesty , by , and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament assembled , That from and after the First day of May now next ensuing , no person or persons whatsoever shall carry or transport , or cause to be carried or transported out of England into Scotland , Ireland , or into any of the Isles belonging to this Kingdom , What Skins or Hides Tanned may not be transported . or to any parts beyond the Seas , the Skins or Hides Tanned or Vntanned of any Ox , Stéer , Bull , Cow , or Calf , otherwise , or in any other manner , then is by this present Act directed .

And be it further Enacted by the Authority aforesaid , That none of the Skins or Hides aforesaid , which shall happen to be taken from any of the beasts aforesaid , within any Island whatsoever , belonging to the Kingdom of England ( except Ireland ) shall be transported out of that Island to any other place , but into the Kingdom of England , upon pain of forfeiture for every such offence double the value of Skins or Hides , The Penalty . so to be transported out of the said Island , or any of them , to any other place then into the Kingdom of England ; the same forfeiture to be sued for and disposed as hereafter in this Act is directed .

And for the better preventing of such mischiefs as are intended to be remedied by this Act , Be it Enacted by the Authority aforesaid , What Leather must be bought onely in open Fairs or Markets for selling Leather . The Penalty . That all Red Tanned Leather made of the Hides or Skins of any of the Beasts aforesaid , of what kind or nature soev●● , shall be bought onely in the open and common Fair or Market used for the putting of Leather to sale , and not in any House , Tanners Yard , Shop , or other place whatsoever , on pain that such person or persons that shall not accordingly do the same , shall for every such offence forfeit the same Leather , or the value thereof , and the contract for the sale thereof shall be void , and all such Leather shall be Searched and Sealed , by the Searchers and Sealers thereunto appointed , before the same be put to Sale , and upon such sale shall be Registred , and a true Entry thereof made , both by the Buyer and Seller , who are both to be present at such Registring thereof , and both their names and places of abode entred into the Book of the said Register , on pain that every such Buyer or Seller that shall not accordingly do the same , shall for every such offence forfeit the same Leather , or the value thereof , and the forfeiture shall be recovered and imployed in such manner as hereafter in this Act is directed .

Penalty for Transportation of any Leather or Raw-Hides . And be it further Enacted by the Authority aforesaid , That if any person or persons shall be found guilty of the Transportation of any Leather , or Raw Hides of any of the Beasts aforesaid , ( excepting such Calve-skins , and Shéep-skins , dressed without the Wooll , as by Law may be Transported ) contrary to the provision of this Act , he shall from thenceforth be disabled to Trade , or Deal in Leather for the future , and shall for every such offence forfeit the sum of Five hundred pounds , to be sued for , and disposed as hereafter in this Act is directed .

Provided nevertheless , That this Act , or any thing therein contained , shall not extend to the Prohibiting the Transportation of any Leather made into Boots ,

5 E. 6. cap. 15. 1 Mar. cap. 8. Parl. 2. Quaere , If those two Statutes be Repealed by this Proviso .

Who may search and seize Leather or Hides intended to be Transported .

Shooes , or Slippers , but that the same may be Transported , Any thing in this Act contained to the contrary notwithstanding .

And be it further Enacted by the Authority aforesaid , That it shall and may be lawful to , and for the respective Masters and Wardens of the Cordweyners , Sadlers , Girdlers , and Curriers of the City of London , and their Deputies , and all Customers , Comptrollers , Farmers of Customes , Supervisors , Searchers , and other Officers belonging to the Customs , and to and for all Iustices of the Peace , Mayors , and chief Officers of Corporations within this Realm , Dominion of Wales , or Town of Berwick upon Tweed , from time to time , as well by Land as Water , to Search for , and seize any Leather , or Raw Hides wrought , or unwrought , cut or uncut , packed up , or unpacked , intended or purposed to be Transported by any person or persons into any parts beyond the Seas , or into Scotland , other then Calves-skins , and Shéep-skins , as aforesaid .

Shaving of Leather by Tanners . And whereas divers Tanners do shave , cut , and rake their upper-leather Hides all over , and the necks of their backs , and buts , to the great impairing thereof , and the extream prejudice of the Kingdom ; Be it therefore Enacted by the Authority aforesaid , That every Tanner , who after the Nine and twentieth day of September , in the year of our Lord , One thousand six hundred sixty and two , The Penalty . shall commit any such offence , as aforesaid , shall forfeit all the said Leather , Backs , Buts , or Calve-skins , so shaved , cut or raked , or the value thereof , and it shall be lawful for the Searchers and Sealers of Leather to seize the same .

Leaden-Hall , London . And be it further Enacted , That the Market for Leather in Leaden-Hall in London , shall be kept on the Tuesday , as now it is , Any Law , Vsage or Custom to the contrary in any wise notwithstanding .

How the Penalties shall be recovered . And be it further Enacted by the Authority aforesaid , That all the penalties and forfeitures , and every sum and sums of money for any offence , or offences herein before mentioned , shall be recovered by Action of Debt , Bill , Plaint , Information , to be brought for the same in any Court or Courts at Westminster , or in any Court or Courts of Records in the City , Town , County , or place where the said offence shall be committed , wherein no Wager of Law , Protection or Essoign , shall be admitted , neither shall the same be removed out of the said County , City , or Town-Corporate , the one half of the said forfeitures to be to the use of the Kings Majesty , his Heirs and Successors , and the other half thereof to the use of the Informer or Informers , that shall sue for the same .

Transportation of Leather declared a common Nusance .

Leather for necessary use of Ships in Voyages .

Artificers dealing in cutting of Leather in London , or within three miles thereof .

Provided also , and be it Enacted , That all such Exportation , or Transportation of any Hides or Leather , contrary to this Act , is hereby adjudged , and declared to be a common and publick Nusance .

Provided nevertheless , That this Act shall not extend , or be construed to prohibit the carrying or conveying of any such Hides or Leather which shall be vsed , or imployed for the necessary vse , or provision of any Ship or Vessel in any Voyage beyond the Seas , and which shall not be sold in any forreign parts , so as the number do not excéed Six Raw Hides , and Thrée Tanned Hides .

Provided alwayes nevertheless , And be it further Enacted by the Authority aforesaid , That all and every Artificer dealing in cutting of Leather , or other person or persons whatsoever , which shall hereafter buy any Red Tanned Leather within the City of London , or thrée miles thereof , shall before the next Market-day within the said place for sale of Leather , give Notice thereof to one or more of the Company of Curryers then exercising and using the Art and Mystery of a Curryer within the said City of London , and thrée miles thereof , and within thrée wéeks after such notice shall deliver , or cause to be delivered the said Leather so bought , except such part thereof as shall be used for Soals without being curryed , tallowed , or dressed , unto the said Curryer , or Curryers , to whom such notice was given , to the intent that the same may be curryed , tallowed , or otherwise dressed , as is directed and appointed by one Act made in the First year of King James , 1 Jac. cap. 22. Chapter twenty second , touching the Duty of Tanners , Curryers . Shoemakers and others , upon penalty of the forfeiture of Six shillings eight pence for every Back , But , Hide , or Calves-skin so bought , and not delivered as aforesaid , for the uses , and to be recovered as aforesaid .

And whereas it is Enacted amongst other things ,

Leather used in London , or within three miles , to be searched and allowed by the Wardens of the Curriers there .

The Penalty .

by the said Act made in the First year of King James , That no person or persons shall by any means occupy , or put in any Made-wares within the City of London , or thrée miles of the same City , any Curryed Leather before the same shall be searched , and allowed by the Wardens of the Curryers of London for the time being , or such persons as they shall thereto assign , and be Sealed with a Seal therefore to be prepared , upon pain that every Shoemaker and other Artificer , Cutter of Leather offending against that Article , should forfeit for every Hide , or Skin otherwise curryed or imployed as is aforesaid , Six shillings eight pence , and the value of every such Hide or Skin ; Be it therefore further Enacted by the Authority aforesaid , That the Master and Wardens of the Company of Curryers for the time being , or such persons as they shall thereto assign , shall from time to time , and at all seasonable times in the day time , enter into any Warehouse , Shop , Celler , or other place within the said City of London , or thrée miles of the same City , belonging unto any of the said Cordwainers , Sadlers , Girdlers , or other person or persons being Artificers , dealing in cutting Leather , and in the presence of any two or more of them to search for , and seize all such Leather intended to be Prohibited to be used by the said Clause , Branch or Article as aforesaid , as also for all Wares made of such Leather ; and if any such person or persons , Artificers or Dealers as aforesaid shall oppose , Penalties for opposing the Search . or refuse to permit the said Master and Wardens of the Company of Curriers , or such persons as they shall thereto assign , to make any such search or seisure as aforesaid , he or they shall forfeit for every such offence the sum of Twenty pounds for the uses , and to be recovered as aforesaid ; And if any of the said Artificers and Dealers in cutting of Leather , do refuse to be present with the said Searchers , whensoever the same shall be desired by the said Master and Wardens of the Company of the Curriers , or such persons thereto assigned by them , as aforesaid , then for every such default the persons so refusing shall forfeit the sum of Ten pounds for the uses , and to be recovered as aforesaid .

CAP. VIII .

An Act for Distribution of Threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers , and for Assessing of Offices , and Distributing Moneys thereby raised for their further Supply . EXP.

CAP. IX .

For Relief of Poor and Maimed Officers and Souldiers , who have faithfully served His Majesty , and His Royal Father in the late Wars .

FOrasmuch as divers of His Majesties Loyal and Faithful Subjects , who out of the sense of their Duty and Allegiance to his Majesties Royal Father of ever Blessed and Glorious Memory , and to His Majestie that now is , have during the late Wars , wherein they have béen Imployed both by Sea , and Land , as Officers , Souldiers , and Mariners in the said Service , exposed themselves to the utmost hazard of their Lives , loss of their Limbs , and utter ruine of their Fortunes ; and for whose Subsistence and Relief there is not yet any competent Provision made ; Nor for the Relief of the Widows and Orphans of such as have died , or béen slain in the said Service .

And to the end that such as have béen eminent for their Loyalty , and Sufferings , The inducement and ground of this Act. in so good and just a Cause , as the Defence of His Majesties Royal Person and Government , may not passe without some Mark of Favour or Reward to be set upon them ; And that others may thereby receive all due Encouragement for the time to come , to continue Loyal and Faithful to His Majesties Service , according to their bounden Duty : Be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by Authority of the same , That from the First day of this present Parliament , every Parish within this Realm of England , and Dominion of Wales , and Town of Berwick upon Tweed , shall be charged wéekly to the payment of such sum of Money , as formerly they have béen rated by vertue of a Statute made in the Forty third year of Quéen Elizabeth , Chapter the third , 43 El. cap. 3. concerning the Relief of Mariners and Souldiers , for and to such end and purpose ; How Parishes may be charged , assessed , and levied . And likewise such further sum of Money ( over and besides the same , ) as by His Majesties Iustices of the Peace in their next Quarter-Sessions , to be held after the Feast of Easter next ensuing , or the major part of them , or at any other Quarter-Sessions to be hereafter by them held , shall be adjudged méet to be Assessed upon every Parish or Chappelry , that hath distinct Parochial Officers , so as the said additional sum excéed not the sum of Two shillings and six pence , nor be under the sum of Thrée pence , each wéek , for each such Parish or Chappelry , the same to be levied in manner and form by such persons , and under such penalties , as by the said Statute of Quéen Elizabeth is Enacted and Declared ; And to be paid to the Treasurers for the Maimed Souldiers , Treasurer for Maimed Souldiers . appointed by the Iustices of the County , or Liberty , by vertue of this Act , and the Statute of Quéen Elizabeth aforesaid ; Which said Treasurers shall be ordered to issue out , and account for the same in such manner , and under such penalties , as by the said Statute is further Enacted and Declared ; And be it further Enacted by the Authority aforesaid ; ●fficers , ●●●ldiers or ●●●triners Maimed or indigent , how to be relieved . That every Officer , Souldier , or Mariner maimed , indigent , , aged or disabled in body for work in the Service of His said late Majesty , or His Majesty that now is , during the late Wars , or which are so Impoverished by their Sufferings under any of the late Vsurped Powers , as that they are destitute of any competent Subsistence , or Livelihood , and have continued Faithful to his Trust , and not deserted the same by taking up Arms against His said late Majesty , or His Majesty that now is , or otherwise , shall forthwith repair to the place where he was last setled , before he took up Arms , with a Certificate of his Service , and hurts received , under the hand of his Captain , or other Commissionated Officer ; And shall also repair unto the two next Iustices of the Peace in the County where such his Setling was ; And the said two Iustices , upon the Examination of the Truth of such Certificate ( which the said two Iustices are hereby impowred to take upon Oath of the party , and of such Witnesses as he shall produce ) shall by Warrant unto the Treasurer , assign him Relief until the next Quarter-Sessions to be holden for that County , or Liberty , at which time , a yearly Pension shall be by the said Iustices , or the major part of them granted in Manner and Form , and with Power of Revocation , or Alteration , as by the said Statute is further declared , and directed ; And in case that the Captain or Officer appointed to make such Certificate be dead , the said two Iustices shall have Power , upon Request made to them in behalf of the party maimed , or aged , indigent , or disabled , as aforesaid , by Persons of Credit , to give such Relief , as in case of Examination as aforesaid .

Widowes and Orphans of Souldiers . And as touching the Widows and Orphans of such as have died , or suffered death in the said Service ; It is hereby further Enacted by the Authority aforesaid , That ( over and besides such Relief as they shall gain by their Work and Labour , and shall be allowed by the Charity and Benevolence of the Parish , Town , or Hamlet , where they are setled , who are hereby required to have them in special regard ) the Treasurers for the Maimed Souldiers for such County , shall allow such further Relief from time to time , as shall be adjudged méet by the two next Iustices of the Peace of such County ; And the said Relief shall be paid out of the Surplusage of such Stock of Maintenance , as shall remain in the hands of the said Treasurers , after such Pensions , and payment of them made , and of which Surplusage , and Allowance made unto such Widows , and Orphans , the said Treasurers shall give account from time to time , and the same distribute in such manner , as by the Iustices shall be directed , and according to the Statute aforesaid .

Treasurers , High-Constables , &c. to be called to Accompt for Moneys received . And be it further Enacted by the Authority aforesaid , That the Iustices of Peace in every County , or Liberty , or any two of them , shall forthwith call all such Treasurers , High-Constables , Petty-Constables , or other persons which have formerly béen Intrusted with the Receipt , Collecting , or Disposing of any such sum of Money charged upon any Parish by vertue of the Statute aforesaid , and whereof no account hath béen given , and likewise the Executors and Administrators of such person and persons , unto a strict account concerning such Levies and Collections made ; And such Money as they shall find remaining in the custody of such persons , to order forthwith to be paid for the intents and purposes aforesaid , and no other , to the Treasurer appointed by vertue of the said Statute , or to be appointed by vertue of this present Act , at the next Quarter-Sessions to be holden for such County or Liberty , under such penalty , as by the said Statute is set forth ; Which said Treasurer to be appointed by this Act , shall continue by vertue hereof , until Easter Sessions following .

The continuance of this Act. Provided , That no Pension to be given , or assigned by Authority hereof , shall excéed to any one person the sum of Twenty pounds by the year ; This Act to continue to the end of the first Session of the next Parliament .

CAP. X.

An Additional Revenue setled upon His Majesty , His Heirs and Successors , for the better support of His and their Crown and Dignity .

The great concernment of proportioning the Publique Revenue , to the Charges and Expences . FOrasmuch as nothing conduceth more to the Peace and Prosperity of a Nation , and the Protection of every single person therein , then that the Publick Revenue thereof may be in some measure proportioned to the Publick Charges and Expences ; We therefore Your Majesties most Loyal and Obedient Subjects , the Commons assembled in Parliament , having duly considered the Premisses , do give and grant unto your most Excellent Majesty , Your Heirs and Successors , the Rates and Duties herein after mentioned , and do most humbly beséech Your Majesty , that it may be Enacted , And be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in Parliament assembled , and by the Authority of the same , That from and after the Five and twentieth day of March , in the year of our Lord God , One thousand six hundred sixty and two , every Dwelling , and other House and Edifice , and all Lodgings , and Chambers in the Inns of Court , Inns of Chancery , Colledges , and other Societies that are , or hereafter shall be erected within the Kingdom of England , Dominion of Wales , and Town of Berwick upon Tweed ( other then such as in this Act are hereafter excepted and declared ) shall be chargeable , and by this present Act , be and are charged with the Annual pa●ment to the Kings Majesty , Every Fire-Hearth and Stove charged with the yearly payment of 2 s. to the King , his Heirs and Successors . his Heirs and Successors for every Fire-Hearth , and Stove within every such House , Edifice , Chambers , and Lodging , as aforesaid , the sum of Two shillings by the year , to be paid yearly , and every year at the Feast of St. Michael the Arch-Angel , and the Feast of the Annuntiation of the Blessed Virgin St. Mary , by even and equal portions ; the First payment thereof to be paid upon the Feast-day of Saint Michael the Arch-Angel , which shall be in the year of our Lord , One thousand six hundred sixty and two .

And to the intent that a just account may be had and taken of all the said Hearths and Stoves by this Act intended to be charged ; Be it Enacted by the Authority aforesaid , How an Accompt shall be taken of all Fire-Hearths and Stoves . That every Owner or Occupier of every such House , Edifice , Lodgings and Chambers , shall respectively within six dayes after notice given unto him or them ; by the respective Constables , Headboroughs , Tythingmen , or other such Officers , within whose Precinct , the said House , Edifice , Chambers or Lodgings shall be , or by the respective Treasurers or Officers of Inns of Court , Inns of Chancery , or other Officers of the respective Colledges , and other Societies aforesaid , wherein any such Lodgings and Chambers shall be , deliver unto the said Constables , Headboroughs , Tithingmen , or other such Officers as aforesaid respectively , a true and just account in writing under the hands of such Owners or Occupiers as aforesaid , of all the said Hearths and Stoves which are within their several and respective Houses , Lodgings and Chambers aforesaid .

And be it Enacted by the Authority aforesaid , That the respective Constables , Headboroughs , How and when the same shall be delivered in . Tithingmen , or other such Officers , within whose limits any such House or Edifice charged by this Act as aforesaid , are , and the respective Treasurers , and other Officers of the respective Inns of Court , Inns of Chancery , Colledges , and other Societies aforesaid , shall by the last day of May , One thousand six hundred sixty and two , require the several Occupiers of every such House , Edifice , Lodging and Chamber aforesaid , to deliver in to them respectively Accounts in writing as aforesaid under their several and respective hands of all such Hearths and Stoves as aforesaid , as shall be within their respective Houses , Edifices , Lodgings and Chambers , and upon receipt of the same , or upon default of such Account in writing , or in case there be no occupiers , then within six dayes after notice in writing , fixt to the door , requiring such Account to be made , the said Constables , or other Officers respectively , as aforesaid , shall enter into the said respective Houses in the day-time , and compare such Accounts , and sée whether the same be truly made , or not . And if no such Account be delivered , then shall take information by their own view , of the number of such Hearths and Stoves , upon pain that every Constable , Treasurer , and other Officer aforesaid , who shall neglect to do the same , shall forfeit for every wéek he or they shall so neglect , the sum of Five pounds ; and for every false return wilfully made contrary to this Act , he or they shall forfeit and lose for every Hearth and Stove so falsly returned or omitted , the sum of Forty shillings .

And be it further Enacted by the Authority aforesaid , That the several Constables , and other Officers , who are hereby authorized to take the account of the aforesaid Hearths and Stoves within their particular Limits as aforesaid , shall at the next Quarter-Sessions after the said last day of May , to be holden for their respective Counties , deliver all such Accounts in writing , as they shall receive , reform , or take by their own view , unto the Iustices of Peace in their respective Quarter-Sessions of the said Counties , together with a true Note of the names of all such persons who shall refuse or neglect to give unto them an account under their hands of such Hearths and Stoves within their respective Houses , Edifices , Chambers and Lodgings , as aforesaid .

And be it further Enacted , How Accompts of Hearths and Stoves shall be enrolled and duplicates thereof , by the Iustices of the Peace . That the said Iustices of Peace shall cause all the said Accounts of the several Hearths and Stoves within the respective Counties , to be Inrolled by the Clerk of the Peace of the said respective Counties , Ridings in Yorkshire , and Divisions in Lincolnshire , and also a Duplicate thereof in Parchment , under the Hands and Seals of thrée or more of the Iustices of Peace of the respective Counties and places aforesaid , who are hereby required to sign the same to be returned into his Majesties Court of Exchequer within one moneth next after such account delivered unto them at their respective Quarter-Sessions aforesaid , upon pain that the Clerk of the Peace of every such County , Riding or Division respectively offending therein , shall forfeit to his Majesty , his Heirs and Successors , the sum of Two hundred pounds for the first moneth ; and for the second moneth he shall so neglect , every such Clerk of the Peace shall forfeit and lose his or their place and office , and the same shall become void accordingly ; which forfeiture and penalty shall be recovered and levied as this Act directs .

And to the intent that the Revenue hereby arising to his Majesty , How the Moneys arising shall be collected , received and paid into the Exchequer . may from time to time be paid into his Exchequer with as little charge as may be ; Be it Enacted by the Authority aforesaid , That the respective Treasurers , and other Officers of the Inns of Court , Inns of Chancery , Colledges , and other Societies aforesaid , within their respective Iurisdictions , and the several Petty-Constables , Tithing-men , Head-boroughs , and such other Officers within the respective Limits , Liberties and Iurisdictions , shall every half year , within Six days after the said duty shall grow due , as aforesaid , collect , gather , and receive the same from the several Occupiers of the said Hearths and Stoves , and upon payment thereof ; shall give several Acquittances ( without taking any thing for such Acquittances ) unto the several persons who shall pay the same : And that such Acquittances shall be a full and perfect discharge to every such person who shall pay the same , against His Majesty , His Heirs and Successors ; so that no person who shall have such Acquittance , shall be molested , sued or vexed , or put to any charge in His Majesties Court of Exchequer or else where .

Distress and sale of goods in default of payment . And be it further Enacted by the Authority aforesaid , That in case any person who is hereby charged , or intended to be charged to pay any sum or sums of money as aforesaid , shall refuse or neglect to pay the same , that then every person or persons who is hereby Authorized to collect the same , shall and may levy the same by distress and sale of the goods of the person and persons so refusing or neglecting , rendring unto the said person and persons the overplus of such money as shall remain in their hands by the said sale , after the said duty and necessary charges of levying the same is discharged as aforesaid .

The duty of Constables , Treasurers , and Officers impowered to Collect the said duties . And be it further Enacted by the Authority aforesaid , That the aforesaid Constables , Treasurers , and other Officers , who are hereby Authorized to collect the aforesaid duties , shall within Twenty days next after the aforesaid times at which the said duties shall be due to His Majesty , as aforesaid , pay unto the High Constables of the several Hundreds and respective Limits , all such money as they shall receive for the aforesaid duties , receiving an Acquittance without paying any thing for the same , The allowance for Collecting . and deducting Two pence in the pound for their pains in collecting the same ; And shall also then in writing under his hand , deliver unto the said High Constable , the names of the persons of whom they receive the same , and also the names of such persons who ought to have paid the respective duties yearly charged upon them , and have not paid the same , where no distress can be had .

Within what time the money ought to be paid to the High Sheriff . And be it further Enacted , That the High Constables of the several hundreds and respective limits , shall within ten days next after their several receipts from the said Constables , Headboroughs , Tithingmen , and other Officers , pay unto the High Sheriffs of every County ; all such money as they shall so receive , deducting a penny in the pound for their pains , and shall also then deliver or cause to be delivered unto the said High Sheriffs , the several returns which they received from the Constables , and other Officers aforesaid ;

And when the High Sheriff ought to pay the same into the Exchequer . And the respective Sheriffs shall within thirty days after he or they shall receive the said moneys from the respective Collectors , return the same , together with the names of such persons who are defaulters , and had no distress to be found , into His Majesties Court of Exchequer , deducting Four pence out of every Twenty shillings , and so after that rate ; whereof Thrée pence to be for the Sheriffs own use , as a reward of his pains in receiving and returning the same ; and One penny to be paid by the Sheriff to the Clerk of the Peace , for his pains , to be recovered by the said Clerk of the Peace by Action of Debt .

London . Middlesex . Provided always , and be it Enacted , That the High Sheriff of London and Middlesex for the time being , for London and so much of the County of Middelsex as lies within the Bills of Mortality , other then the Inns of Court and Chancery ; and the High Sheriff of Surrey for the time being for the Burrough of Southwark , Surrey . Southwark . and all other Sheriffs of any other City or Town , being a County of it self , for such Cities and Towns respectively , shall be , and are hereby made Collectors of , and for the several duties arising within their several and respective limits ; For which end and purpose , and in those places onely , the Constables , Tithingmen , Headboroughs and other Officers shall deliver unto the Sheriffs of the Cities and places aforesaid , Duplicates of the same Accompts of Hearths and Stoves , which the said Constables , Headboroughs , Tithingmen , and other Officers are appointed by this Act to take from time to time , and to deliver to the Iustices of Peace to be Inrolled as aforesaid ; And the said Sheriffs of the Cities and places last before mentioned , are hereby enabled to levy the said duties , and required to give Acquittances without any Fées , as fully and amply to all intents and purposes as in this Act is appointed to be done by any other Collectors ; And the said Sheriffs shall , from time to time within Forty days after the said Duties shall be payable by vertue of this Act , make payment of all the moneys levied , into His Majesties Exchequer , with a perfect List of the names of such persons as shall make default of payment , where no distress can be found to be taken ; Any thing in this Act to the contrary notwithstanding . And the said Sheriffs shall deduct out of their payments Four pence in the pound ; whereof Thrée pence to be for themselves , and One penny for the Clerk of the Peace , to be recovered as aforesaid . Officers of the Exchequer shall discharge persons who pay the duties , without any Fee .

And that His Majesties Officers in his said Court of Exchequer , shall discharge all such persons who paid their respective Duties without taking any Fées for the same , and shall also issue out Process to levy the said duty upon such persons who shall fail in payment thereof , where no distress can be found , to be taken according to this Act.

The said Revenue shall be paid into the Exchequer .

And not charged with any grant or Pension .

And be it further Enacted by the Authority aforesaid , That the Revenue and Sum of money arising by vertue of this Act , ( Except what shall be allowed to the aforesaid Officers and Ministers for Collecting the same ) shall be duly and constantly paid and answered into His Majesties Court of Exchequer ; and shall not be particularly charged or chargeable , either before it be paid into the Exchequer , or after , with any Gift , Grants , or Pension whatsoever ; And that all and every Grants of any such Pensions , and all and every clause of Non obstante therein contained shall be , and is hereby declared to be utterly void , and all and every the persons to whom such Grants are passed , shall be , and are hereby made Accomptants unto His Majesty , Grantees of the same shall be accomptanes . His Heirs and Successors , and shall pay back all sums of money received by pretence of such Grant ; and the Court of Exchequer shall be , and is hereby enjoyned to Issue out Process accordingly .

And be it further Enacted by the Authority aforesaid , That if any Action , Bill , Plaint , Suit , Persons acting upon this Statute being sued therefore may plead the general Issue . or Information shall be Commenced or Prosecuted against any person or persons , for what he or they shall do in pursuance or execution of this Act , such person or persons so Sued , shall and may plead the general Issue , Not guilty ; And upon Issue joyned may give this Act , and the special matter in Evidence ; and if the Plaintiff or Prosecutor shall become Nonsuit , or suffer discontinuance , or if a Verdict pass against him , or if upon a Demurrer Iudgement pass against him , Treble Costs to the Defendants . the Defendant shall recover treble Costs , for which there shall be like remedy as in any case where Costs by Law are given to the Defendants .

And be it further Enacted by the Authority aforesaid , Increases of Hearths or Stoves which may happen That where any Increase or Decrease of such Hearths or Stoves shall hereafter happen , that an account in writing of the same shall be had and made in like manner as the same is directed to be first taken , returned and inrolled by this Act ; and a Duplicate thereof sent into the Exchequer in such sort as is before directed ; Decreases how discharged . And from thenceforth the Owner or Occupier of such House , where such Decrease is , shall be discharged proportionably without any further pleading in the Exchequer .

Provided always , That no person or persons shall be charged , prosecuted , Arrerages not to be charged or sued for , but within 2 years next after they become due . or brought to account for the Arrerages of any Duty , or Arrerages of Revenue raised by this Act , unless the said Suit shal commence within two years , and be brought to a Iudgement within four years , and the Duty levied within five years next after the same shall grow due .

Provided always , That no person who by reason of his poverty , Poor people exempted . or the smallness of his Estate is exempted from the usual Tares , Payments and Contributions , towards the Church and Poor , shall be charged or chargeable with any the Duties by this Act Imposed , Any thing herein before to the contrary notwithstanding .

Provided always , and be it hereby Enacted , That if the Church-wardens and Overséers of the Poor of the Parish , together with the Minister of the same , or any two of them ( whereof the Minister to be one ) shall in writing under their hands yearly certifie their belief , that the house wherein any person doth Inhabit is not of greater value then of Twenty shillings per annum , upon the full improved Rent ; And that neither the person so Inhabiting , nor any other using the same Messuage , hath , useth , or occupieth any Lands or Tenements of their own or others , of the yearly value of Twenty shillings per annum , nor hath any Lands , Tenements , Goods or Chattels , of the value of Ten pounds in their own possession , or in the possession of any other in trust for them ; That then in such case , upon such Certificate made to the two next Iustices of Peace , and allowed ( for which Certificate and allowance no Fée shall be paid ) the person on whose behalf such Certificate is made , shall not be returned by the Constable , or other Officer ; And the said house is hereby for that year discharged of , and from all the Duties by this Act imposed ; Any thing herein to the contrary notwithstanding .

Provided also , and be it Enacted by the Authority aforesaid , That if any person or persons , Further Penalty upon any person that shall accept or procure any pension , Gift , or grant for years &c. bodies Politick or Corporate , shall at any time hereafter procure or accept of from the Kings Majesty , His Heirs or Successors any Pension , Gift , or Grant for years , life , or any other Estate , or any sum or sums of money , out of the Revenue arising by vertue of this Act , that then such person or body Politick or Corporate , procuring or accepting the same , shall forfeit double the value of such Pension , Gift , or Grant ; The one moyety of which forfeiture shall be to the use of the poor of the Parish or Parishes , where the said Offenders be , or inhabit , to be recovered by the Church-wardens , the other moyety to him that will sue for the same , by Action of Debt , Bill , Plaint , or Information ,

Provided that this Act , Blowing houses Stamps Furnaces Kilns Ovens Hospitals . or any thing herein contained shall not extend to charge any Blowing-house , and Stamp , Furnace , or Kiln , or any private Oven within any of the houses hereby charged , nor any Hearth or Stove within the scite of any Hospital or Alms-house for the relief of poor people , whose Endowment and Revenue doth not excéed in true value the sum of One hundred pounds by the year .

Provided , The payments and duties charged only upon the Occupiers . That the payments and duties hereby charged shall be charged only on the Occupier for the time being of such Hearth , or Stove , dwelling in such house , whereto such Hearth or Stove shall be belonging , his Executors or Administrators , and not on the Landlord who Let or Demised the same , his Heirs , Executors or Assigns .

Provided also , That no person or persons Indebted for any the Duties aforesaid , shall thereby be priviledged as a Debtor or Debtors to His Majesty , His Heirs or Successors , No priviledg to sue in the Exchequer . Nor assign a Debt to the King . to sue any person or persons in the Court of Exchequer , or to assign any Debt to His Majesty , His Heirs or Successors , towards satisfaction of the same , 15 Car. 2. ca. 13. 16 Car. 2. ca. 3.

CAP. XI .

Frauds , and abuses in His Majesties Customs prevented and Regulated .

12 Car. 2. cap. 19. FOrasmuch as it appears , that several unlawful and indirect means and devices are daily put in practise , to Export and Import Goods and merchandizes prohibited by the Laws and Statutes of this Kingdom ; as also to defraud the Kings most Excellent Majesty of His Dues , Customs , and Subsidies , as well by secret and deceitful designs , as by open force and violence used against the Kings Majesties Officers , imployed in the Affairs of the Customs ;

For the better preventing of which frauds and violences in time to come , It is Enacted and Ordained by the Kings most Excellent Majesty , by , and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in Parliament assembled ; and be it Enacted and Ordained by the Authority thereof , That no Ship or Vessel , arriving from the parts beyond the Seas , Ships and Vessels arriving from beyond the Seas at Grave-end . shall be above thrée days coming from Graves-end to the place of her discharge ( within the River of Thames ) without touching or staying at any Wharf , Key , or place adjoyning to either Shoar betwéen Graves-end and Chesters-Key ( unless apparently hindred by contrary Winds , Draught of Water , or other just impediment to be allowed by such person or persons as are or shall be appointed by His Majesty for managing the Customs , the Collectors Inwards , or other principal Officers of the Customs ) and then , or before the Master or Purser ( for that voyage ) of such Ship or Vessel , shall make a just and true Entry upon Oath of the Burthen , Contents , and Lading of every such Ship or Vessel , True Entries of Lading to be made upon Oath . with the particular Marks , Numbers , Qualities , and Contents of every parcel of Goods therein Laden , to the best of his knowledge ; also where , and in what Port she took in her Lading , of what Countrey built , how manned , who was Master during the Voyage , and who are Owners thereof ; and in all Out-Ports or Members , to come directly up to the place of Vnlading , The Penalty as the condition of the Port requires , and will admit , and making Entries as aforesaid , upon the penalty of the forfeiture of One hundred pounds .

And be it further Enacted by the Authority aforesaid , That no Captain , Master , Purser , or any other person or persons taking charge of any Ship or Vessel bound for the parts beyond the Seas , The duty of Captains , Master and others taking charge of Ships and Vessels bound for parts beyond the Seas . or into the Kingdom of Scotland , whether the same Ship or Vessel shall have Commission from , or belong unto the Kings Majesty that now is , His Heirs or Successors , or shall belong to , or have Commission from any forrein Prince or State , or otherwise , shall take in or suffer to be taken into , or laden aboard any such Ship or Vessel , any English Goods , Wares , or Merchandize , to be Exported into the parts beyond the Seas , or into the Kingdom of Scotland , until such Captain , Master , Purser , or other person as aforesaid , shall have entered such Ship or Ships in the Book of the Commissioners , To take in no English goods till Entry thereof be made at the Custom-house . Customer or Collector and Comptroller Outwards of such Port where he shal Load or take in Goods , together with the Name of such Captain or Master , the Burden of such Ship or Vessel , the Number of Guns and Ammunition she carries , and to what Port or Place she intends to pass or Sail , and before he or they shall depart with his or their Ship or Vessel out of such Port or Place , shall bring and deliver unto the said person or persons , which are or shall be appointed by His Majesty for managing the Customs , the Customer or Collector and Comptroller of such Port or Place , a Content in Writing under his or their Hands , of the Names of every Merchant , and other person or persons that shall have laden and put on Board any such Ship or Vessel , any such Goods or Merchandize , together with the Marks and Numbers of such Goods and Merchandize , and shall likewise publickly in the open Custom-house , upon his Corporal Oath , to the best of his knowledge , have answered to such question or questions , as shall be demanded of him by the said person or persons which are or shal be appointed by His Majesty for managing the Customs , the Customer or Collector and Comptroller , or their Deputies concerning such Goods and Merchandize as shall be aboard such Ship or Vessel , upon pain of Forfeiture of One hundred pounds ; Ships or Vessels of War bringing goods . And that no such Captain , Master , Purser , or other person or persons , taking charge of any Ship or Vessel of War , as aforesaid , wherein any Goods , Wares or Merchandizes shall have béen laden or brought from the Ports beyond the Seas , or out of the Realm of Scotland , shall unload , or put on board any Lighter , Boat or Bottom , or lay on land , or suffer to be discharged or put into any Lighter , Boat or Bottom or to be laid on land out of any Ship or Vessel as aforesaid , any Goods , Wares or Merchandize whatsoever , before such Captain , Master , Purser , or other person taking charge of the Ship or Merchants Goods for that Voyage as aforesaid , shall have signified and declared in writing under his or their Hands , unto the person or persons which are or shall be appointed by his Majesty for managing the Customs , the Customer or Collector , and Comptroller Inwards of the Port where he arriveth , the Names of every Merchant or Lader of any Goods or Merchandizes aboard the said Ship or Vessel , together with the Number and Marks , and the quantity and quality of every Parcel of Goods and Merchandizes to the best of his knowledg , and shall have answered upon his or their Corporal Oath , to such Questions concerning such Goods and Merchandizes , as shall be publickly administred unto him in the open Custom-house by such person or persons which are or shall be appointed for Managing the Customs , Customer or Collector and Comptroller , or their Deputies , and shall be liable to all Searches and other Rules which Merchants Ships are subject unto , by the usage of his Majesties Custom-house ( victualling Bills and Entring excepted ) upon pain to forfeit One hundred pounds , and upon refusal to make such Entries as aforesaid , as well Outwards as Inwards the said person or persons which are or shall be appointed for managing the Customs , and Officers of His Majesties Customs , and their Deputies , shall and may fréely enter and go on board all and every such Ship or Vessel of War , and bring from thence on shoar into His Majesties Store-house belonging to the Port where such Ship shall be , all Goods and Merchandizes prohibited or uncustomed , which shall be found aboard any such Ship as aforesaid .

And be it hereby also Enacted , The power of Officers for managing the Custom to enter and search Ships and Vessels . That the said person or persons which are or shall be appointed for managing the Customs , and Officers of His Majesties Customs , and their Deputies , are hereby Authorized and enabled to go and enter aboard any Ship or Vessel , as well Ships of War as Merchant Ships , and from thence to bring on shore all Goods prohibited or uncustomed , except Iewels , if they be Outwards bound ; and if they be Ships or Vessels Inwards bound , from thence to bring on shore into His Majesties Store-house , as aforesaid , all small Parcels of Fine Goods or other Goods which shall be found in Cabbins , Chests , Trunks , or other small Package , or in any private or secret place , in , or out of the Hold of the Ship or Vessel , which may occasion a just suspition that they were intended to be fraudulently conveyed away ; And all other sorts of Goods whatsoever , for which the Duties of Tunnage & Poundage were not paid or Compounded for with in Twenty days after the first Entry of the Ship , to be put & remain in the Store-house aforesaid , until His Majesties Duties thereupon be justly satisfied , unless the said person or persons which are or shall be appointed by His Majesty for managing the Customs , and Officers of the Customs , shall sée just cause to allow a longer time , and that the said person or persons , which are or shall be so appointed to manage the Customs , and the Officers of the Customs , and their Deputies , may fréely stay and remain aboard until all the Goods are delivered and discharged out of the said Ships or Vessels ; And if any Master , Purser , or Boat-swain , or other taking charge in any Ship or Vessel , or any other person whatsoever shall suffer any Truss , Bale , Pack , Fardel , Cask , or other Package to be opened aboard the said Ship or Vessel , and the Goods therein to be imbezelled , carried away , or put into any other Form or Package , after the Ship comes into the Port of her discharge , in every such case the said Master , Purser , Boat-swain , or others , shall forfeit the sum of one hundred pounds .

And be it further Enacted by the Authority aforesaid , That in case , Goods concealed in any Ship after clearing . after the clearing of any Ship or Vessel , by the person or persons which are or shall be appointed by His Majesty for managing the Customs , or any their Deputies , and discharging the Watchmen or Tidesmen from attendance thereupon , there shall be found on board such Ship or Vessel , any Goods , Wares or Merchandizes , which have béen concealed from the knowledge of the said person or persons , which are or shall be so appointed to manage the Customs , and for which the Custom , Subsidie , and other Duties due upon the Importation thereof , have not béen paid , then the Master , Purser , The Penalty . or other person taking charge of such Ship or Vessel , shal forfeit the sum of One hundred pounds . And it shall be lawful to or for any person or persons , authorized by Writ of Assistance , under the Seal of His Majesties Court of Exchequer , to take a Constable , Headborough , or other Publick Officer inhabiting near unto the place , and in the day time to enter , and go into any House , Shop , Cellar , Ware-house or Room , or other place , and in case of resistance , to break open Doors , Chests , Trunks , and other Package , there to seize , and from thence to bring any kind of Goods or Merchandize whatsoever , prohibited and uncustomed , and to put and secure the same in His Majesties Store-house , in the Port next to the place where such seizure shall be made .

And for the better encrease of Shipping and Navigation , Be it further Enacted , An accompt to be given of all forreign Ships in all Ports of England . That the Collectors , and other Officers of His Majesties Customs , in all the Ports of England , shall forthwith give an account unto the Collectors and Surveyor in the Port of London ( appointed by His Majesty for all Duties and Matters relating to a late Act Intituled , An Act for encreasing and encouraging of Shipping and Navigation , ) of all Forreign built Ships in their Ports , 12 Car. 2. cap. 18. owned and belonging to the people of England , of what built and burthen they are , for which Certificates have béen made according to the said Act , and that the said Collector and Surveyor shall make a true and perfect list of all such Ships , attested under their hands , and transmit the same into his Majesties Court of Exchequer , on , or before the moneth of December , in the year 1662. there to remain upon record . And that no Forreign built Ship ( that is to say ) not built in any of his Majesties Dominions of Asia , Africa , or America , Forreign built Ships not to have the priviledg of Ships belonging to England or Ireland . or other than such as shall ( bona fide ) be bought before the First of October 1662. next ensuing , and expresly named in the said List , shall enjoy the priviledge of a Ship belonging to England or Ireland , although owned or manned by English ( except such Ships only as shall be taken at Sea by Letters of Mart or Reprizal , and condemnation made in the Court of Admiralty , as lawful Prize ) but all such Ships shall be déemed as Aliens Ships , and be liable unto all Duties that Aliens Ships are liable unto by vertue of the said Act for encrease of Shipping and Navigation . And whereas it is required by the said Act , that in sundry cases the Master and thrée fourths of the Mariners are to be English , it is to be understood , that any of his Majesties Subjects of England , Ireland , and his Plantations , are to be accounted English , and no others , and that the number of Mariners be accounted according to what they shall have béen during the whole Voyage . And whereas of late some of the persons appointed by His Majesty for managing the Customs , and the Officers of the Customs and their Deputies , have béen hindred , affronted , abused , beaten , and wounded to the hazard of their lives , in the due execution of their several trusts & services in their respective places , by armed companies and multitudes of men , and goods prohibited and uncustomed have by force & violence , as well by Land as by Water , béen forcibly carried and conveyed away , Be it Enacted by the Authority aforesaid , That where any Officer or Officers shall be by any person or persons armed with Club , The punishment for beating or abusing Officers of the Customs . or any manner of Weapon , forcibly hindred , affronted , abused , beaten or wounded , as aforesaid , either on board any Ship or Vessel ; or upon the Land or Water , in the due execution of their Office , all and every person and persons so resisting , affronting , abusing , beating or wounding the said Officer or Officers or their Deputies , or such as shall Act in their aid or assistance , shall by the next Iustice of Peace , or other Magistrate , be committed to Prison , there to remain till the next Quarter-Sessions : And the Iustices of the Peace of the said Quarter-Sessions , shall , and are hereby impowered to punish the Offender by Fine , not excéeding One hundred pounds , and the Offender is to remain in Prison till he be discharged by Order of the Exchequer , both of the Fine and of the Imprisonment , or discover the person that set him on work , to the end he may be legally procéeded against .

No goods to be Water-born or landed but in the presence of some Officer of the Customs . And be it further Enacted by the Authority aforesaid , That if any Wharfinger , or Kéeper of any Wharf , Crane , Key , or their servants or any of them , shall take up or land , or knowingly suffer to be taken up , or landed , or shall Ship off or suffer to be Water-born , at or from any of their said Wharfs , Cranes , or Keys , any Goods , Wares or Merchandize prohibited , or whereof any Custom , Subsidy , or other Duties are due and payable unto the Kings Majesty , without the presence of some of the Officers of His Majesties Customs thereunto appointed , or at hours and times not appointed by Law ( except in the Port of Hull , 1 Eliz cap. 11. as in the Statute of the First year of Quéen Elizabeth , Chapter the eleventh , is excepted , & not otherwise ) or Goods passing by Certificates , Waste-Cockquet , The Penalty or otherwise without the presence or notice given to one or more of His Majesties Officers , That in every such case all and every such Wharfinger and Kéeper of such Wharfe , Crane or Key , shall forfeit and pay the sum of One hundred pounds ; And if any Goods or Merchandize shall be Laden or taken in from the Shore , into any Bark , Hoy , Lighter , Barge , Wherry or Boat , to be carried aboard any Ship or Vessel Outwards bound for the parts beyond the Seas , or Laden , or taken in , from or out of any Ship or Vessel coming in and arriving from foreign parts , without a Warrant , and presence of one or more Officers of the Customs , such Bark , Hoy , Lighter , Barge , Boat or Wherry shall be forfeited and lost , and the Master , Purser , Boatswain , or other Mariner of any Ship Inward bound , knowing and consenting thereunto , shall forfeit the value of the Goods so unshipped ; And further , That in case any Car-man , Porter , Water-man , or other person or persons whatsoever shall assist in the taking up , landing , shipping off , or carrying away any such Goods , Wares or Merchandizes , that then such Carman , Porter , Water-man or other person or persons so offending being apprehended by Warrant of any Iustice of the Peace for that County , City or Borough which the said Iustices , & every of them are hereby Authorized to issue , and to examine Witnesses upon Oath concerning such fact , and the same being proved by the Oath of Two Witnesses , the said Offenders for such first Offence shall and may by such Iustice of the Peace be committed to the next Gaol , there to remain till he and they find sufficient Surety to be of the good behaviour for so long time , until he & they shall be thereof discharged by the Lord Treasurer , Chancellor , Vnder-Treasurer or Barons of the Exchequer ; And in case he or they so convicted , shall afterwards at any time offend in the like kind , then he and they shall and may by any Iustice of the Peace as aforesaid , be committed to the next Gaol , there to remain for the space of Two Moneths without Bail or Mainprize , or until he shall pay unto the Sheriff of that County the sum of Five pounds for the use of His Majesty , or until he shall by the Lord Treasurer , Chancellor or Vnder-Treasurer or Court of Exchequer be thence discharged . Be it further Enacted by the Authority aforesaid , That if any Goods , Wares , or Merchandizes , shall be shipped or put on Board to be carried forth to the open Sea from any one Port , Goods carryed from one Port to another in England or Wales . Créek or Member in the Kingdom of England , Dominion of Wales , or Port , and Town of Berwick , to be landed at any other place of this Realm , without a Sufferance or Warrant first had and obtained from the said person or persons , which are or shall be appointed for managing the Customs , and Officers of his Majesties Customs , all such Wares and Merchandizes shall be forfeited and lost , and that the Master of every Ship or Vessel that shall lade or take in any such Goods , Wares , or Merchandizes , in any Port , Member or Créek within this Kingdom of England , Dominion of Wales , or Town and Port of Berwick , to be landed and discharged in some other Port , Member or Créek of the said Kingdom of England , Dominion of Wales , or Town and Port of Berwick , shall before the Ship or Vessel be removed or carried out of the Port ( where he shall take in his lading , ) take out a Cocquet or Cocquets , and become bound to the Kings Majesty with good Security , in the value of the Goods , Wares and Merchandizes aforesaid , for Delivery and Discharge thereof in the Port or place for which the same shall be entred as aforesaid , or in some other Port or place within the said Kingdom of England , Dominion of Wales , or Port and Town of Berwick , and ( the dangers and accidents of the Seas excepted ) to return a Certificate within Six moneths after the date of such Cocquet and Cocquets , under the Hands and Seals of the Kings Majesties Officers , Signed also by some of the said person or persons , which are or shall be appointed by His Majesty for managing the Customs , or their Deputy or Deputies , in every respective Ports , Members , or Créeks where the same shall be landed and discharged , to His Majesties Officers of the Customs to whom such security hath béen given as aforesaid , that such Goods , Wares and Merchandizes were there landed and discharged accordingly , Officers of any Port making false certificate . upon the penalty of the forfeiture of the Bond and Security aforesaid .

And be it hereby further Enacted , That if any Officer of any Port , Member or Créek , shall grant or make any false Certificate of any Goods or Merchandizes which should have béen landed out of any Ship or Vessel , That such Officer shall lose his Imployment , and moreover forfeit the sum of Fifty pounds , The Penalty . and suffer one years Imprisonment without bail or mainprize , and be incapable of serving his Majesty in any place of Trust concerning his Customs , and be further liable to such Corporal punishment as the Court of Exchequer shall think fit ; Counterfeiting Cocquets , Certificates , &c. The penalty . And if any person whatsoever shall Counterfeit Rase , or Falsifie any Cocquet , Certificate or Return , Transire , Let-pass , or any other Custom-house Warrant , he shall forfeit One hundred pounds , and the Cocquet , Certificate , or Return shall be invalid and of none effect ; and if any Goods , Wares or Merchandizes brought or coming into any Port , Haven , or Créek within the Kingdom of England , Dominion of Wales , or Port and Town of Berwick , from any other Port , Haven , or Créek within the Kingdom of England , or Dominions aforesaid , by Port , Cocquet , Transire , Let-pass , or Certificate , in Ships or Vessels shall be landed or put on shore before such Cocquet , Transire , Let-pass , or Certificate shall be delivered to such Person or Persons , which are or shall be appointed by his Majesty for manageing his Customs , the Customer or Collector , and Comptroller of the Port or Place of their Arrival , or to their Deputy or Deputies , and a Warrant or Sufferance made and given from such person or persons , Customer , or Collector and Comptroller , or their Deputy and Deputies aforesaid , for the landing and discharging thereof .

And be it further Enacted by the Authority aforesaid , That if any Goods , Wares , Goods secretly conveyed beyond Sea uncustomed , and undiscovered by the officers . or Merchandizes , for which the Duties of Subsidy or Custom are due and payable to the Kings Maiesty , shall be secretly conveyed on Board any Ship or Vessel before the Custom and Subsidy thereof be duly answered and paid , and shall escape the discovery thereof by the Officers of the Customs , or others , and be carried into the parts beyond the Seas ; in such case the Owners or Proprietors of such Goods , Wares , or Merchandizes , or other person or persons who shall have so shipped or caused the same to be shipped and transported , shall forfeit the double value of the Goods , The penalty . computed according to the Book of Rates , Except for Coal , which so secretly Exported as aforesaid , shall pay double the Custom and Duty , to be Collected and Levied in such manner as by the Act of Tunnage and Poundage is directed and appointed .

Be it further Enacted by the Authority aforesaid , For preventing frauds in louring strangers goods . That for preventing of frauds in colouring of strangers Goods , and otherwise , every Merchant or other , passing any Goods , Wares or Merchandizes , Inwards or Outwards , shall by himself , or his known servant , Factor or Agent , subscribe one of his Bills of every Entry , with the mark , number , and contents of every parcel of such Goods as are rated to pay by the piece or measure , and weight of the whole parcel of such Goods as are rated to pay by the weight , without which , the Officers of the Customs shall not suffer any Entry to pass ; And that no children of aliens under the age of Twenty one years be permitted to be Traders , or any Goods or Merchandizes to be entred in their names .

Be it also hereby Enacted , That upon any Actions , There shall be no party Iury in actions or suits concerning customs . Suits and Informations that shall be brought , commenced , or entred upon any Law or Statute concerning the Kings Majesties Subsidies of Tunnage and Poundage , or Ships or Goods to be forfeited by reason of unlawful Importation or Exportation , there shall not be any Party Iury , but such only as are the natural and frée-born Subjects of the King , his Heirs or Successors .

And whereas allowances given to Merchants and others for defects and damages upon Goods , Allowances for defects and damages in goods , how to be made . and Five per centum generally upon all Goods Imported , and Twelve per centum upon Wines , every Merchant or others having the aforesaid allowances inwards , shall in person upon Oath by himself , or by his known Servant or Factor , demand and receive the moneys due upon Debenturs for such forreign Goods Exported by such Certificate , with such abatements and allowances as were made and given to him upon the Importation ; and if he be found fraudulently to ship out less in quantity or value then is expressed in his Certificate , the Goods therein mentioned , or the value thereof shall be forfeited ; and the Owner or Merchant shall lose the benefit of receiving back any part of the Subsidy for those Goods ; and if any Goods shipped out by Certificate as aforesaid , shall be landed again in the same , or any other Port or Place within the Kingdom of England , Dominion of Wales , and Town and Port of Berwick , ( unless in case of Distress to save the Goods from perishing , which shall be presenly made known to the Person or Persons which are or shall be appointed by His Majesty to manage His Customs , and Principal Officers of the Port ) no allowance shall be demanded or made for those Goods , and the said Goods , or value thereof , shall be forfeited and lost .

Be it further Enacted by the Authority aforesaid , That all Goods , Goods brought from , or carried into Scotland by land , shall pass through Barwick or Carli●e . Wares or Merchandize that shall be brought out of , or carried into the Kingdom of Scotland by Land , into , or out of the Kingdom of England , Dominion of Wales , or Port and Town of Berwick , shall pass and be carried by and through some of the Towns and Passages hereafter named ( that is to say ) by and through Berwick or Carlile , and then , and there pay the Custom and Subsidy granted and due to the Kings Majesty , by an Act of this present Parliament , Entituled , 12 Car. 2. cap. 4. A Subsidy granted to the King of Tunnage and Poundage , and other Sums of Money payable upon Merchandize Exported and Imported ; And if any Goods , Wares or Merchandize prohibited or uncustomed , coming out of Scotland into England , or going out of England into Scotland , shall pass by , or beyond the Towns , Ports and Places aforenamed without due entry and payment of the Customs , That then all such Goods , Wares and Merchandize , or the value thereof shall be forfeited and lost .

And whereas in and by an Act of Parliament in the First year of Quéen Elizabeth , 1 El. cap. 11. When and where Merchandize shall be landed and custom paid . of famous memory , directing when and where Merchandize shall be landed , and Customs paid ; it is amongst divers other things Enacted and Ordained , That no Goods , Wares or Merchandize shall be shipped or loaden aboard any Ship or Vessel , or landed or discharged out of , or from any Ship or Vessel , but in or upon some such open Place , Key , or Wharf , Places , Keys , or Wharfs , ( Except the Port of Hull ) as her Highness , her Heirs and Successors should therefore assign or appoint by vertue of her Highness Commission or Commissions , within the Port of London , and in all Ports , Creeks , Havens , or Roads , as in and by the said Act doth , and may at large appear . And whereas , notwithstanding the aforesaid Act , there are some Ports , Créeks , and places where Customers , Collectors , and Comptrollers and Searchers , & their servants had then , time out of mind , béen resident , to which no such Commissions were sent , nor places , keys , nor wharfs appointed , as by the said Act was directed ; And whereas also since that time , by reason of the alteration of Rivers , Streams , Channels and Sands , some places then appointed are become unfit and useless , & others much more convenient and commodious , as well for Traffique and Commerce , as for Landing and Discharging , Lading and Shipping of Goods , Wares , and Merchandize ; It is Enacted and Ordained , and be it Enacted and Ordained by the Authority aforesaid , That the Kings Majesty may from time to time by his Highness Commission , or Commissions out of his Court of Exchequer , assign and appoint all such further Places , Ports , Members and Créeks ( except the Town of Hull ) as shall be lawful for the landing and discharging , lading or shipping of any Goods , Wares or Merchandize , within the Kingdom of England , Dominion of Wales , or Port or Town of Berwick upon Tweed , and to what ancient and head-Ports respectively such Places , Members or Creeks shall belong and appertain ; And where any such Member , Créek , or Place shall be so ( as aforesaid ) appointed by vertue of the said Commission or Commissions , the Customer , Collector , Comptroller and Searcher of the head-Port , shall by themselves , or their sufficient Deputy or Deputies , servant or servants , reside and inhabit , for the entring , clearing , and passing , shipping and discharging of Ships , Goods and Merchandize ; And by vertue of the aforesaid Commission or Commissions , may likewise set down and appoint the extents , bounds , and limits of every Port , Haven , or Créek within his Majesties Kingdom of England , Dominion of Wales , and Town and Port of Berwick , whereby the extents , limits and priviledges of every Port , Haven and Créek , may be ascertained and known ; And it shall not be lawful for any Person or Persons whatsoever , to lade , or put , or cause to be laden or put off , or from any Key , Wharf , or other place on the Land , into any Ship , Vessel , Lighter , Boat or Bottom , any Goods , Wares , or Merchandize whatsoever , ( Fish taken by his Majesties Subjects , Sea-coal , Stone and Bestials only excepted ) to be Transported into any place of the parts beyond the Seas , or carried by land into the Realm of Scotland , or to take up , discharge , or lay on land , or cause , or procure to be taken up , discharged , and laid on land out of any Boat , Lighter , Ship , Vessel or Bottom ( being not in Leak or Wreck ) any Goods , Wares , or Merchandize whatsoever ( Fish taken by his Majesties Subjests , Bestials and Salt only excepted ) to be brought from any of the parts beyond the Seas , or by land from the Realm of Scotland , by way of Merchandize , but only upon such open Place , Key or Wharf , Places , Keys or Wharfs , as his Majesty shall from time to time assign and appoint by vertue of such Commission and Commissions as aforesaid , in his Majesties Port of London , and the Members and Liberties thereof , in any other Port , Place , Member or Créek within his Majesties Kingdom of England , Dominion of Wales , and Town and Port of Berwick , without special sufferance and leave first had from the Commissioners and Officers of his Majesties Customs , upon the penalty of the forfeiture of all such Goods , Wares and Merchandize .

For avoiding Practises between Owners of goods and Informers , to avoid payment of customs .

None to seize any goods but officers of the customs .

And forasmuch as it doth appear by daily experience , That there are great Practises and Combinations betwéen the Importers and Owners of Goods and Merchandizes , and the Seizers and Informers , with design and intent to defraud the force of the Law , and his Majesty of his Duties and Customs ; Be it Enacted by the Authority aforesaid , That no Ship or Ships , Goods , Wares , or Merchandize , shall be seized as forfeited , for or by reason of unlawful Importation or Exportation , into , or out of this Kingdom of England , Dominion of Wales , or Port and Town of Berwick , or any the Ports , members or Créeks thereunto belonging , or for not payment of any Customs or Subsidies now due , or hereafter to be due and payable to his Majesty , but by the person or persons who are or shall be appointed by his Majesty to manage his Customs , or Officers of his Majesties Customs for the time being , or such other person or persons as shall be deputed and authorized thereunto by Warrant from the Lord-Treasurer , or Vnder-Treasurer , or by special Commission from his Majesty under the Great or Privy-Seal ; And if any Seizure shall hereafter be made by any other Person or Persons whatsoever for any the Causes aforesaid , such seizure shall be void and of none effect , any Statute , Law , Act , or Provision to the contrary in any wise notwithstanding .

In any suit against persons imployed about the customs , the Defendant may plead the general issue . 12 Car. 2. cap. 18. And be it further Enacted by the Authority aforesaid , That in every Action , Suit , Indictment , Information or Prosecution , wherein or whereby the person or persons which are or shall be appointed by his Majesty for managing his Customs , or the Officers of his Majesties Customs , or any Officer or Officers , Person or Persons authorized by his Majesty to put in execution the Act of Parliament , For encreasing and encouraging of Navigation , their Deputies or Servants , or any others acting in aid of them , have béen , are , or shall be sued , indicted , prosecuted or molested , it shall be lawful for all and every the said Persons , their Heirs , Executors and Administrators , to plead the general Issue , And to give this for other acts relating to customs or Navigation in evidence . and to give this or the aforesaid Acts of Parliament , relating to the Customs and Navigation in evidence , in any of his Majesties Courts of Iustice , or other Courts where the said matter shall be depending ; And the Iudges of the said Courts are hereby strictly enjoyned and required to admit the same , and to acquit and indemnifie them , and every of them , of , and from all such Suits , Indictments , Informations , or Prosecutions , for or concerning any matter or thing acted or done in the due and necessary performance and execution of their respective Trusts and Imployments therein .

Be it hereby also Enacted for avoiding of fraudulent Compositions , That if any Seizer . For avoyding fraudulent compositions by Informers . Informer or Officer as aforesaid , shall not prosecute to effect for the bringing to Tryal and Condemnation the Ships , Goods and Merchandize by them Seized or Informed against , That then , and in every such case , it shall be lawful to or for any of the person or persons which are or shall be appointed by his Majesty for managing his Customs , or the Officers of the Customs , or other person or persons deputed by them , or thereunto Authorized by the Lord-Treasurer , or Vnder-Treasurer to make seizure of , or inform against such Goods and Merchandize , or bring his Action for the same by way of Devenerunt , and that they shall be estéemed and adjudged in Law as the true first Informers and Seizers , and have the benefit of such Informers or Seizers ; Any Law , Statute , Act or Vsage to the contrary in any wise notwithstanding .

And that no Informer or Officer be suffered to compound under one Third of the appraised value upon loss of his Office ;

Be it further Enacted by the Authority aforesaid , No person employed about managing the customs , may take any bride or reward to connive at any Entry . That if any of the Kings Majesties Officers , or other persons appointed to manage His Majesties Customs , Searchers , Waiters , or other person or persons whatsoever deputed and appointed by and under them , or any of them , or any other Authority whatsoever , and imployed in or about the Affairs of the Kings Customs and Subsidies , shall directly or indirectly take or receive any bribe , recompence or reward , in any kind whatsoever , or connive at any false Entry of any Goods or Merchandizes , whereby the Kings Majesty , His Heirs or Successors , shall be defrauded or hindred , in , or of His Customs and Subsidies , or other Sums of money or Goods prohibited by the Law to be Imported or Exported into or out of the Kingdom of England , Dominion of Wales , Town and Port of Berwick , be suffered to pass either by way of Importation or Exportation , the person or persons therein offending , shall forfeit the sum of One hundred pounds , The Penalty . and be for ever afterwards incapable of any Office or Imployment under the Kings Majesty , His Heirs or Successors , or any Authority derived from them , as also the Merchant , Mariner , or other person or persons whatsoever , who shall give or pay any such Bribe , Recompence or Reward as aforesaid , shall forfeit the sum of Fifty pounds .

Provided nevertheless , that if any person or persons offending as aforesaid , Persons revealing their own offences within two months to be acquitted . shall reveal and make known such his or their Offence in Two moneths time to the Treasurer of England , the Chancellor , Vnder-Treasurer , or Barons of the Exchequer , he shall for that Offence be clearly acquitted and discharged .

And be it further Enacted , Forreign goods , where to be landed , and how weighed and numbred . That all forreign Goods and Merchandize which by the person or persons which are or shall be appointed by his Majesty for the managing of the Customs , and the Customer , Collector and Comptroller , shall be permitted to be landed and taken up by Bills at sight , Bills at view or sufferance , shall be landed at the most convenient Keys or Wharfs where the said person or persons so to be appointed , Customer , or Collector or Comptroller , shall appoint , and not elsewhere , and there or in his Majesties Store-house of the respective Ports , at the Election of the said person or persons so to be appointed and Officers , shall be measured , weighed and numbred , by and in the presence of the Officers , to be thereunto particularly appointed ; which said Officers so appointed , shall perfect the Entry , and thereunto shall subscribe their Names , and the next day following shall give Accompt , and make report of every respective Entry so perfected as aforesaid , to the said person or persons which are or shall be appointed to manage his Majesties Customs , Customer , or Collector and Comptroller aforesaid , without reasonable cause to be allowed by the said person or persons , or Officers aforesaid , or in default thereof , shall forfeit the sum of One hundred pounds .

Be it also Enacted , That no Ship , Vessel , or Boat , Vessels appointed for carrying Letters , may not import nor export Merchandise . appointed and imployed ordinarily for the Carriage of Letters and Pacquets shall ( unless it be in such Cases as shall be allowed by the said person or persons which are or shall be appointed to manage his Majesties Customs , or Officers aforesaid ) Import or Export any Goods or Merchandize into or out of the parts beyond the Seas , upon the Penalty of the forfeiture of One hundred pounds to be paid by the Master of the said Vessel or Boat , with the loss of his place ; and all Goods and Merchandize that shall be found on Board any such Ship , Vessel , or Boat shall be forfeited and lost .

And whereas some Doubts and Disputes have arisen concerning the said late Act For encresing and encouraging of Shipping and Navigation , An Explanation of 12 Car. 2. cap. 18. of goods prohibited to be brought from Holland . about some of the Goods therein prohibited to be brought from Holland , and the Parts and Ports thereabouts ; Be it Enacted and Declared , That no sort of Wines ( other then Rhenish ) no sort of Spicery , Grocery , Tobacco , Pot-ashes , Pitch , Tarr , Salt , Rozen , Deal-Boards , Firr , Timber , or Olive-Oyl , shall be imported into England , Wales or Berwick , from the Netherlands or Germany , upon any pretence whatsoever in any sort of Ships or Vessels whatsoever , upon penalty of the loss of all the said Goods , as also of the Ships and furniture .

And whereas also by the said Acts For incouraging and increasing of Shipping and Navigation , 12 Car. 2. c. 18. Imposition of 5 s. per Tun upon French Vessels . an Imposition of Five shillings per Tun is laid upon all Ships or Vessels belonging to any Subjects of the French King , which shall come into any Port , Harbour , Créek , or Road of England , Ireland , Wales , or Town of Berwick upon Tweed , and shall there lade or unlade any Goods , or take in or set on shore any Passengers , Yet notwithstanding there is great difficulty in recovering the said Duty , because small Shallops come not into Harbours where Officers are , but either put their Goods and Passengers on shore , or Boats come out of Harbours , which privately convey them on shore , there being no penalty in the Act against such Offenders ; Be it therefore Enacted , How to be recovered , and the penalty . That any such Ship or Vessel upon which the above-said Imposition of Five shillings per Tun is due and payable , which shall either put on shore , or put over into any Boat any Goods or Passengers without payment of Custom and Imposition of Tunnage , at any time returning into any Harbour , Port , or Creek of England or Ireland , shall not only pay the Duties formerly due , but forfeit the sum of Ten pounds ; And whatsoever Pilot , Water-man , or Boat-man , which shall from any Harbour , Port or Créek go out and bring any Goods from on board such Vessel , shall not only be liable to pay the Duty of Tunnage which the said Vessel should have paid , but forfeit the sum of Forty pounds .

Be it also hereby Enacted , That Vinegar , Perry , Rape , Cider , and Cider-eager , of any sort or kind whatsoever , Tunnage upon V negar , Perry , Rape , Cyder and Cyder eager . Imported from and after the four and twentieth day of June , One thousand six hundred sixty and two , from Forreign Parts , is hereby Rated to pay to the Kings Majesty a Subsidy of Tunnage of Four pounds Ten shillings per Tun Imported by English , and Six pounds Imported by Stangers , according to the Rate already imposed and set upon French Wines , to be Collected and Levied for such time and in such manner as by the Act of Tunnage and Poundage is directed and appointed ; And the same are by vertue of this Act exonerated and discharged of all further and other Sums heretofore set or charged upon those Commodities , by or under the name of Subsidy or Poundage ; And in case of Exportation , there shall be repaid and allowed to the English-man Exporter , the sum of Thrée pounds Ten shillings per Tun , and to the Alien Four pounds Fiftéen shillings per Tun , to be repaid according to the Rules of the Book of Rates now established .

And whereas the Ingenious Industry of these times hath taught the Dyers of England the Art of fixing the Colours made of Logwood , Logwood or Blockwood . alias Blockwood , so as that by experience they are found as lasting and serviceable as the Colours made with any other sort of Dying-wood whatsoever ; 23 El. cap. 9. And whereas by a Statute made in the thrée and twentieth year of the Reign of Quéen Elizabeth of famous Memory , Entituled , Logwood and Blockwood shall not be used in Dying of Cloth , 39 El. cap. 11. &c. And by another Statute made in the Nine and thirtieth year of the aforesaid Quéen Elizabeth ( Entituled , The Penalty for mixing or using of Logwood in Dying Cloth or other Stuff ) all Logwood , alias Blockwood , that shall be found within this Kingdom shall be forfeited , and openly burned , with divers other Pains , Penalties and Forfeitures upon such as shall use the same in Dying-Cloth or other Commodities , as by the said several Acts aforesaid may and doth appear : Be it further Enacted by the Authority aforesaid , That the aforesaid Statutes , and either of them , be and are hereby Repealed and made void as to all Clauses , Articles , Provisions and Penalties in any wise relating to the prohibition or use of Logwood , alias Blockwood ; And that from and after the first day of February , One thousand six hundred sixty and one , It shall and may be lawful to and for any person or persons , freely to import into this Kingdom of England , Dominion of Wales , and Town and Port of Berwick upon Tweed , any quantities of Logwood , alias Blockwood , and fréely to use the same in Dying or Colouring any sort of Goods or Manufacture whatsoever , the aforesaid two Statutes , or any other Law , Statute , Vsage , Custom , Patent of priviledge , Proclamation , or other Restraint , Matter or Thing to the contrary thereof in any wise notwithstanding .

Imposition upon Logwood imported . 12 Car. 2. cap. 18. Provided , That such Importation be according to the Rules prescribed and enjoyned in the late Act , Entituled , An Act for encouraging and encreasing of Shipping and Navigation , and paying a Subsidy to the Kings Majesty , His Heirs and Successors for every Tun of the said Logwood , alias Blockwood , so to be Imported after the rate of Five pounds , and after that rate for any greater or lesser quantity according to such Rules , and under such Penalties as are provided for all other Imported Goods in a late Act , Entituled , An Act of Subsidy granted to the King of Tunnage and Poundage , 12 Car. 2. ca. 4. and other Sums of Money payable upon Merchandize Exported and Imported : Excepting onely that for all of the said Commodities Exported according to the Rules of the Book of Rates , there shall be repaid to the Exporter the Sum of Four pounds per Tun ; the said Rate for Logwood , alias Blockwood , to be Collected and Levied for such time , and in such manner as by the Act of Tunnage and Poundage is directed and appointed .

And be it further Enacted , That all Actions , Suits and Informations to be had and commenced upon the Act For incouraging and increasing of Shipping and Navigation , or any Clause or Article therein , may be entred and prosecuted in his Majesties Court of Exchequer at Westminster , That upon all such Suits and Informations to be brought upon the Act of Tunnage and Poundage , and the Act aforesaid , or any other Act or Statute concerning the Importation of Goods or Merchandize from the parts beyond the Seas , Onus probandi of property of goods claimed to lie upon the Owner or Claimer . if the property thereof be claimed by any person or persons as the Importer thereof ; in such case Onus Probandi shall lie upon the Owner or Claimer thereof . Provided that in case the seizure or Information shall be made upon any Clause or Thing contained in the late Act , Entituled , An Act for the incouraging and increasing of Shipping and Navigation , Commission and time to examine witnesses beyond the Sea . that then the Defendant or Defendants shall on his or their request have a Commission out of the High Court of Chancery to examine Witnesses beyond the Seas , and have a competent time allowed for the return thereof before any tryal shall be had upon the Case , according to the distance of place where such Commission or Commissions are to be executed ; and that the Examination of Witnesses so returned shall be admitted for evidence in Law at the Tryal , as if it had béen given Viva voce by the Examinate in Court ; Any Law , Statute or Vsage to the contrary in any wise notwithstanding .

And be it also Enacted and Ordained by the Authority aforesaid , In what cases Writs of delivery may be granted . That no Writ of Delivery shall be granted out of the Court of Exchequer for Goods Seized , but upon good Security ; and that for Goods perishable onely , or in cases where the Informer shall deferor delay his coming to as spéedy a Tryal as the Course of that Court will permit , and shall be thereby Ordered and Directed .

And be it further Enacted by the Authority aforesaid , That one Moyety of all the Forfeitures before in this Act mentioned and appointed , shall be to the Kings Majesty , his Heirs and Successors , and the other Moyety to such person or persons as shall Seize or Sue for the same by Bill , Plaint , or Information in his Majesties Court of Exchequer , or any other his Majesties Courts of Record , wherein no Essoin , Protection or Wager of Law shall be allowed .

And be it further Enacted and Ordained , That all Officers belonging to the Admiralty , All Officers and persons to be aiding the Officers and persons for management of the Customs . Captains and Commanders of Ships , Forts , Castles and Block-houses , as also all Iustices of the Peace , Mayors , Sheriffs , Bailiffs , Constables and Headboroughs , and all the Kings Majesties Officers , Ministers and Subjects whatsoever whom it may concern , shall be aiding and assisting to all and every person and persons which are or shall be appointed by his Majesty to manage his Customes , and the Officers of his Majesties Customes , and their Respective Deputies in the due Execution of all and every Act and Thing in and by this present Act required and enjoyned ; And all such who shall be aiding and assisting unto them in the due execution hereof , shall be defended and saved harmless by vertue of this Act.

And be it hereby also Enacted , That all Deputies , Clerks and Servants about the Customs to be sworn for their truth and faithfulness therein . Clerks and Servants which now have any place or Office in or about the Customs and Subsidies by and under the Commissioners , or other the Kings Officers thereof , shall before the First day of June next , take their respective Corporal Oath and Oaths for the true and faithful execution and discharge , to the best of their knowledge and power , of their several Trusts and Imployments committed to their charge and inspection ; And that no person or persons shall hereafter be imployed or put in trust in the business of the Customs , untill he shall first have taken his Oath as aforesaid ; And the Commissioners and principal Officers in the Port of London , and the principal Officers in all other the out-ports , or any two of them , are hereby authorized to administer , and give to all and every person or persons such Oath and Oaths as aforesaid , and to cause the same to be Entred and Registred in the Custom-house of every respective Port where the person so taking the Oath as aforesaid , shall have his residence and imployment .

Provided also , and be it Enacted by the Authority aforesaid , Persons imployed about the Customs , shall demand nor take any more then the fees due by Law . That if any person imployed in his Majesties Customs , shall demand or take any other or greater sum of money then by Law is now due , or hereafter shall become due , or shall put any Merchant or other person out of his turn without express order before , or immediate approbation after , from the person or persons who are or shall be appointed by his Majesty to manage his Customs , or the superior Officers for the Customs , or shall illegally detain the goods of any person , or shall neglect or refuse to make re-payments and allowances which are or shall be due since the Four and twentieth day of June , One thousand six hundred and sixty , or shall not after notice given , give out and execute his Warrant , shall be lyable to double Costs and Damages .

And for the better increase of good and serviceable shipping , Of what sise and burden Merchants Ships shall be , and what men and ammunition they shall carry . and securing the publick Trade and Commerce ; Be it Enacted by the Authority aforesaid , That all and every Merchant or other person that shall after the Nine and twentieth day of September , One thousand six hundred sixty and two , Export any Goods or Merchandizes from any Port of this Kingdom , capable of a Ship or Vessel of two hundred Tun upon an ordinary full Sea , to any part or place of the Mediterranean Sea beyond the port of Malaga , or Import any Goods or Merchandize from the ports or places aforesaid , to any port of this said Kingdom , in any Ship or Vessel that hath not two Decks , and doth carry less then sixtéen pieces of Ordnances mounted together , with two men for each Gun , and other Ammunition proportionable , shall pay to our Sovereign Lord the King for all and every the Wares and Merchandizes so Exported or imported , One per centum over and above the Rates and Duties of Subsidy of Tonnage and Poundage otherwise due and payable for the same , Any thing in this Act before contained to the contrary notwithstanding .

Provided always , Proviso for Ships exporting Fish . that it shall and may be lawful to export from any of his Majesties Dominions , Fish , into any of the Ports of the Mediterranean Sea aforesaid , in any English Ship or Vessel whatsoever , Provided that one moyety of her full lading be Fish only , and in such case to Import any Wares or Merchandize in the same Ship for that Voyage , without paying any other Rates or Duties of Tonnage or Poundage for the same , then were heretofore accustomed .

And for the better encouragement of building good and Defensible Ships ; Be it Enacted , Encouragemen● for Building good and defensible Ships . That all and every person or persons that shall within the space of Seven years , from and after the Five and twentieth day of March , One thousand six hundred sixty two , build , or cause to be built within any of his Majesties Dominions , any Ship or Vessel of Thrée Decks , or Two Decks and a half , with a Fore-Castle , and Five foot betwéen each Deck , mounted with thirty pieces of Ordnance at least , and other Ammunition proportionable , shall for the first two Voyages which the said Ship or Ships make from his Majesties Dominions to any forreign parts , have and receive to his and their own proper use and benefit one Tenth part of the Customs that shall be paid to His Majesty for all such Goods or Merchandizes as shall be Exported or Imported on the said Ship or Ships , to and from this Kingdome ; And the Commissioners and Officers of His Majesties Customs are hereby impowered and required to pay the same to the Owner or Owners of the said Ship or Ships accordingly .

Salt brought out of Scotland to pay ob . a Gallon . Provided alwayes , and be it hereby Declared and Enacted , That from and after the Four and twentieth day of June , One thousand six hundred sixty two , All Salt which shall be brought out of the Kingdom of Scotland into this Kingdom , the Dominion of Wales , or Town of Berwick upon Tweed , shall yield and pay , and is hereby made chargeable to yield and pay unto the Kings Majesty , One half penny upon every Gallon of such imported Salt of Winchester measure , at the landing thereof ; Any thing in this present Act , or any former or other Law , Statute , or Order to the contrary thereof in any wise notwithstanding .

CAP. XII .

For the better Relief of the Poor of this Kingdom .

The occasion of increase of Poor . WHereas the necessity , number and continual increase of the Poor , not only within the Cities of London and Westminster , with the Liberties of each of them , but also through the whole Kingdome of England , and Dominion of Wales , is very great , and excéeding burthensome , being occasioned by reason of some defects in the Law concerning the setling of the Poor , and for want of a due provision of the regulations of relief and imployment in such parishes or places where they are legally setled , which doth enforce many to turn incorrigible Rogues , and others to perish for want , together with the neglect of the faithfull execution of such Laws and Statutes as have formerly béen made for the apprehending of Rogues and Vagabonds , and for the good of the Poor : For remedy whereof , and for the preventing the perishing of any the Poor , whether young or old , for want of such supplies as are necessary ; May it please your most Excellent Majesty that it may be Enacted , and be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , Poor people going from one Parish to another . and the Commons in this present Parliament Assembled , and by the Authority of the same , That whereas by reason of some defects in the Law , poor people are not restrained from going from one Parish to another , and therefore do endeavour to settle themselves in those Parishes where there is the best Stock , the largest Commons , or Wastes to build Cottages , and the most Woods for them to burn and destroy , and when they have consumed it , then to another Parish , and at last become Rogues and Vagabonds , to the great discouragement of Parishes to provide Stocks , where it is liable to be devoured by strangers ; Be it therefore Enacted by the Authority aforesaid , That it shall and may be lawful , How to be setled , coming to any Tenement under ten pounds yearly value . upon complaint made by the Church-wardens , or Overseers of the poor of any Parish to any Iustice of Peace , within Forty dayes after any such person or persons coming so to settle as aforesaid in any Tenement under the yearly value of Ten pounds , for any two Iustices of the Peace , whereof one to be of the Quorum of the Division where any person or persons that are likely to be chargeable to the Parish , shall come to inhabit , by their Warrant to remove and convey such person or persons to such Parish where he or they were last legally setled , either as a native Housholder , Sojourner , Apprentice or Servant , for the space of forty dayes at the least , unless he or they give sufficient security for the discharge of the said Parish to be allowed by the said Iustices .

Persons grieved , may appeal to the Quarter Sessions . Provided alwayes , That all such persons who think themselves agrieved by any such Iudgement of the said two Iustices , may appeal to the Iustices of the Peace of the said County at their next Quarter-Sessions , who are hereby required to do them justice according to the merits of their Cause .

Persons going to work in harvest . Provided also , That ( this Act notwithstanding ) it shall and may be lawfull for any person or persons to go into any County , Parish or place to work in time of Harvest , or at any time to work at any other work , so that he or they carry with him or them , a Certificate from the Minister of the parish , and one of the Churchwardens , and one of the Overséers for the poor for the said year , that he or they have a dwelling house , or place in which he or they inhabit , and hath left wife and children , or some of them there , ( or otherwise as the condition of the person shall require ) and is declared an Inhabitant , or Inhabitants there : And in such case , if the person or persons shall not return to the place aforesaid , when his or their work is finished , or shall fall sick or impotent , whilst he or they are in the said work , it shall not be accounted a Settlement in the cases abovesaid , but that it shall and may be lawful for two Iustices of the Peace to convey the said person or persons to the place of his or their habitation , as aforesaid , under the pains and penalties in this Act prescribed : And if such person or persons shall refuse to go , or shall not remain in such parish where they ought to be setled , as aforesaid , but shall return of his own accord to the parish from whence he was removed ; it shall and may be lawful for any Iustice of the Peace of the City , County or Town-Corporate where the said Offence shall be committed , to send such person or persons offending to the House of Correction , there to be punished as a Vagabond , or to a publick Work-house in this present Act hereafter mentioned , there to be imployed in work or labour ; And if the Church-wardens , and Overséers of the Poor of the Parish , to which he or they shall be removed , refuse to receive such person or persons , and to provide work for them , as other Inhabitants of the Parish , any Iustice of Peace of that Division may and shall thereupon bind any such Officer or Officers , in whom there shall be default , to the Assizes or Sessions , there to be Indicted for his or their Contempt in that behalf .

And for the further redress of the mischiefs intended to be hereby remedied , Corporations or work houses in the Cities of London and Westminster . Middlesex . Surrey . Be it Enacted by the Authority aforesaid , That from thenceforth there be , and shall be , one or more Corporation or Corporations , Work-house or Work-houses within the Cities of London and Westminster , and within the Burroughs , Towns and places of the County of Middlesex and Surrey , scituate , lying and being within the Parishes mentioned in the Wéekly Bills of Mortality , consisting of a President , a Deputy to the President , and a Treasurer ; And that the Lord Mayor of the City of London for the time being be President of the Corporation or Corporations , Work-house or Work-houses within the said City , and the Assistants to be the Aldermen of the said City of London for the time being , and fifty two other Citizens to be chosen by the Common-Council of the said City ; And that the said President and Assistants , or the major part of them , shall and may elect a Deputy-President and Treasurer , and all other necessary Officers hereby constituted and authorized to execute the powers and Offices by this Act appointed : And that upon the vacancy by death or otherwise of any Assistant , the power to elect in their rooms be in the said Common-Council , and the Election of the Deputy-President , or Treasurer , and all other Officers , in the said President and major part of the Assistants , as aforesaid : And that a President , a Deputy-President , a Treasurer and Assistants be nominated and appointed by the Lord Chancellor , or Lord Kéeper of the Great Seal of England for the time being , out of the most fit persons inhabiting in the City of Westminster , or the Liberties thereof , for the Corporation or Corporations , Work-house or Work-houses within the same .

And for the said places within the Wéekly Bills of Mortality in the said Counties of Middlesex and Surrey respectively , President , Deputy-president , Treasurer and Assistants for Middlesex & Surrey , how to be elected . there shall be elected and chosen by the major part of the Iustices of the Peace for the said Counties in their respective Quarter-Sessions assembled , out of the most able and honest Inhabitants and Fréeholders of every of the said Counties of Middlesex and Surrey respectively , a President , a Deputy-President , a Treasurer and Assistants for the Corporation or Corporations , Work-house or Work-houses of the places aforesaid in Middlesex and Surrey ; And that upon the vacancy by death , or otherwise of any of the Presidents , Deputy-Presidents , Treasurers or Assistants in the City of Westminster , and places aforesaid in Middlesex and Surrey , City of Westminster . the power to elect others in their rooms be in the major part of the respective Iustices of Peace , who in their General Quarter-Sessions from time to time shall accordingly supply such vacant places ; And that at every Quarter-Sessions they shall require and take an account in writing of all the Receipts , Charges , and Disbursements of the Officers and Treasurer of such Corporation or Corporations , Work-house or Work-houses , how many Poor people have béen imployed and set to work in the year last past , and what stock there was , and is remaining ; which President , Deputy-President , and Treasurer for the time being respectively , shall for ever hereafter in name and fact , be Bodies Politick and Corporate in Law , to all intents and purposes , and shall have a perpetual Succession , and may Sue or Plead , or be Sued and Impleaded by the name of the President and Governours for the Poor of the respective places aforementioned , in all Courts and places of Iudicature within this Kingdom , and the Dominion of Wales , and the Town of Berwick upon Tweed ; and by that Name every of the said Corporations shall and may without License in Mortmain , purchase or receive any Lands , Tenements , or Hereditaments , not excéeding the yearly value of Thrée thousand pounds per annum , of the Gift , Alienation or Devise of any person or persons , who are hereby without further License enabled to give the same , and any Goods , Chattels , or sums of Money whatsoever , to the use , intent and purposes hereafter limited and appointed ; And the each respective Corporation , or any Seven of them , shall have hereby Power and Authority from time to time to méet and kéep Courts for the ends and purposes in this Act expressed , at such time and place as shall be appointed by the said President , his Deputy , or the Treasurer , who are hereby required upon the desire of any Four of the said Corporation , at any time to cause a Court to be warned accordingly ; And shall have hereby Authority from time to time to make and appoint a Common-Seal for the use of the said Corporation .

And it is further Enacted by the Authority aforesaid , The powers of the said President and Governours of the said Corporations . That it shall and may be lawful to and for the said President , and Governours of the said Corporations for the time being , or any two of them , or to , or for any person authorized and appointed by them or any two of them , from time to time to apprehend , or cause to be apprehended , any Rogues , Vagrants , Sturdy Beggars , or Idle or disorderly persons within the said Cities and Liberties , Places , Divisions and Precincts , and to cause them to be kept and set to work in the several and respective Corporations or Work-houses ; and it shall and may be lawful for the major part of the Iustices of Peace in their Quarter-Sessions , to signify unto his Majesties Privy Council , the names of such Rogues , Vagabonds , Idle and Disorderly persons , and Sturdy Beggars as they shall think fit to be Transported to the English Plantations ; and upon the approbation of his Majesties Privy Council to the said Iustices of Peace signified , which persons shall be Transported , it shall and may be lawful for any two or more of the Iustices of the Peace , them to Transport , or cause to be Transported from time to time , during the space of thrée years , next ensuing the end of this present Session of Parliament , to any of the English Plantations beyond the Seas , there to be disposed in the usual way of Servants , for a term not excéeding Seven years .

A stock for supply of the work , how to be provided in London , Westminster , Middlesex , Surrey . And be it further Enacted by the Authority aforesaid , That if the President and Governours of any of the said Corporations shall certify under their common Seal , their want and defect either of a present stock for the Foundation of the Work , or for supply thereof for the future , and what sum or sums of Money they shall think fit for the same , to the Common-Council of the said City of London , and the Burgesses and Iustices of Peace in their Quarter-Sessions of the said City of Westminster , and the Liberties thereof , or the Iustices of the respective Counties of Middlesex and Surrey , assembled in either Quarter-Sessions , That thereupon the Common-Council of the said City of London , the Burgesses of the said City of Westminster , and the Iustices of Peace of the said Cities and Counties in their Quarter-Sessions assembled , are hereby required from time to time to set down and ascertain such competent sum and sums of money for the purposes aforesaid , not excéeding one years rate from time to time usually set upon any person , for , or towards the relief of the Poor , and the same to proportion out upon the several Wards , Precincts , Counties , Divisions , Hundreds , and Parishes , as they shall think fit ; And thereupon the Aldermen , Deputies , and Common-Council-men of every Ward in the City of London , and Burgesses and Iustices of the Peace of the City of Westminster , and the Liberties thereof , and Iustices of the Peace of the said Counties of Middlesex and Surrey , shall have power and Authority , and are hereby required equally and indifferently , according to the proportions appointed as aforesaid , for the several Wards , Precincts , Cities and Parishes as aforesaid , to tax and rate the several Inhabitants within the said respective Wards , Precincts and Parishes , as well within Liberties as without ; with which Tax , if any person or persons find him or themselves agrieved , supposing the same to be unequal , he or they shall and may make their complaint known to the Iustices of the Peace at the next open Sessions , who shall take such final order therein , as in like cases is already by the Law provided .

And it is further Enacted by the Authority aforesaid , That it shall and may be lawful to and for any Alderman of the City of London , or his Deputy , or the Burgesses and Iustices of Peace of the City of Westminster , and the Liberties thereof , or any two or more of them , or any two Iustices of Peace of the respective Counties of Middlesex and Surrey , by their Warrant under their Hands and Seals , to authorize the Church-wardens or Overséers for the Poor within the places and Parishes aforesaid , to demand , gather and receive of every person and persons , such sum and sums of money as shall be Assessed upon them by vertue of the Taxations and Contributions aforesaid ; And for default of payment within ten dayes after demand thereof made , or notice in writing left at the dwelling-house or lodging of every person so Assessed , to levy the same by distress and sale of the goods of every such person , and after satisfaction made , to restore the surplusage to the party so distrained .

Stocks formerly in London for relief of the poor , how to be paid And be it Enacted by the Authority aforesaid , That all Stocks raised for the relief and imployment of the Poor , in the City of London and Liberties thereof , which was in the hands of a Corporation heretofore appointed in the said City for that service , or in the hands of any other person or persons whatsoever , before the Nine and twentieth day of September , which was in the year of our Lord , One thousand six hundred and sixty , commonly called the Feast of St. Michael the Archangel , or at any time since , together with all the Arrears of money formerly alloted for that Service , or Legacies given to the same end , shall be payable to the Treasurer of the Corporation or Corporations , Work-house or Work-houses to be established by this present Act , who are hereby authorized and impowred by themselves , or their Officers thereunto by them deputed , to collect , gather , receive and recover the said money and Legacies , which shall be due and in arrear , as aforesaid ; with which said Arrears , and every part and parcel thereof , the Corporation or Corporations aforesaid by this Act made , constituted and established , is , and shall be hereby invested , and interessed for the execution of the service hereby enjoyned them ; and all those that have had , or now have any of the said Stocks in their or any of their hands , shall be accountable to the said Treasurer , or to those that shall be appointed by the said Corporation or Corporations , or any seven or more of them to take the said account .

Provided always , And be it Enacted by the Authority aforesaid , That there shall be a full allowance of all just and necessary expences which have béen laid out by the said former Corporation for the relief of the said poor , and the carrying on of the said Service since the time before expressed .

Power to make Orders and By-laws . And it is further Enacted by the Authority aforesaid , That the respective President and Governours , or any Seven of them shall have power from time to time to make and constitute Orders and By-Laws for the better relieving , regulating , and setting the poor to work , and the apprehending and punishing of Rogues , Vagabonds , and Beggers within the Cities , Liberties , and places aforesaid , that have not wherewith to maintain themselves , and for other the matters aforesaid .

Provided the said Orders and By-Laws shall from time to time be presented to the Iustices of Peace in their Quarter-Sessions assembled , to be allowed by the major part of them , and confirmed by order of the said Court .

And it is further Enacted by the Authority aforesaid , Power to choose and entertain officers That the President and Governours of any of the said Corporation or Corporations , Work-house , or Work-houses , or any fourtéen or more of them being assembled together , shall have hereby power to choose and entertain all such Officers , and other as shall be néedful to be imployed in and about the premisses ; and them , or any of them from time to time to remove as they shall see cause ; and upon the death or removal of them , or any of them , to choose others in their places for the carrying on of the work , and to make and give such reasonable allowances unto them , or any of them out of the Stock and Revenue belonging to the said Corporation or Work-house , as they shall think fit .

And it is further Enacted by the Authority aforesaid , That all Sheriffs , Bailiffs , Constables , All Sheriffs , &c. to be assisting the said Corporation & their officers . and all other Officers and Ministers of Iustice shall be aiding and assisting to the said Corporation or Corporations , and to all such Officers as shall be imployed by them , or any of them , in the execution or performance of the said Service .

And whereas the Laws and Statutes for the apprehending of Rogues and Vagabonds , have not béen duly executed , sometimes for want of Officers , by reason Lords of Mannors do not kéep Court Léets every year for the making of them ; Constables how made in default of holding Court-Leets . Be it therefore Enacted by the Authority aforesaid , That in case any Constable , Headborough , or Tithingmen shall dye , or go out of the Parish , any two Iustices of the Peace may make and swear a new Constable , Headborough , or Tithingman , untill the said Lord shall hold a Court , or untill next Quarter-Sessions , who shall approve of the said Officers so made and sworn as aforesaid , or appoint others as they shall think fit : And if any Officer shall continue above a year in his or their Office , That then in such case , the Iustices of Peace in their Quarter-Sessions may discharge such Officers , and may put another fit person in his or their place , untill the Lord of the said Mannor shall hold a Court as aforesaid .

And whereas for want of some encouragement to such person or persons as shall apprehend Rogues , Vagabonds , and sturdy Beggars , 39 El. cap. 17. 1 Jac. cap. 7. Apprehending Rogues and Vagabonds . the Statutes made in the Nine and thirtieth year of Quéen Elizabeth , and first year of King James , in which Statutes the Constable , Headborough , or Tithingman of every Parish that shall not apprehend such Rogues , Vagabonds , and Sturdy Beggars , which shall pass through , or be found in their said Parish unapprehended , such Constable , Headborough , or Tithingman shall forfeit as in the said Statutes is expressed , are not duly executed ; Be it therefore Enacted by the Authority aforesaid , How rewarded That it shall and may be lawful to and for any Iustice of the Peace to whom any Rogue , Vagabond , or Sturdy Beggars so apprehended shall be brought , to reward any person or persons that shall apprehend any Rogue , Vagabond , or Sturdy Beggar , by granting unto such person or persons an Order or Warrant under his hand and Seal to the Constable , Headborough , or Tithingman of such Parish where such Rogue , Vagabond , or sturdy Beggar passed through unapprehended , requiring him to pay such person or persons the sum of two shillings for every Rogue , Vagabond , or sturdy Beggar , which shall be so apprehended : And if such Constable , Headborough , or Tithingmen , refuse or neglect to pay the two shillings as aforesaid , that then the said Iustices of Peace , or any other Iustice or Iustices of Peace , shall procéed against any such Constable , Headborough or Tithingman , according to the said Statutes ; and to compel him to pay such sum of money as he hath forfeited by the Statute of the first year of King James aforesaid , and to allow out of the said Forfeiture the said two shillings , and such reasonable means and allowance for loss of time , as they shall think fit .

And if any person or persons shall apprehend any Rogue , Vagabond , or sturdy Beggar , Rogues and Vagabonds apprehended at the contines of any county , how to be dealt withal . at the confines of any County , which passed through any Parish of another County unapprehended , it shall be lawful for such person or persons to go to some Iustice of Peace of that County , through which such Rogue , Vagabond , or sturdy Beggar passed unapprehended , who is hereby required ( upon a Certificate under the hand of some Iustice of Peace of the County where such Rogue , Vagabond , or sturdy Beggar was so apprehended ) to grant his Order , or Warrant , under his hand and Seal , requiring the said Constable , Headborough , or Tithingman , to pay unto such person or persons , as aforesaid , the sum of two shillings , which if he shall refuse , or neglect to do , then such Iustice is hereby required to procéed against such Constable , Headborough , or Tithingman , and to cause him to pay ten shillings , or so much thereof for his expenses and loss of time , as the said Iustice of Peace shall think fit , to such person or persons , which he hath forfeited by the Statute aforesaid , made in the nine and thirtieth year of the Quéen .

And whereas Constables , Headboroughs , or Tithingmen are or may be at great charge in relieving , conveying with Passes , and in carrying Rogues , Vagabonds , and sturdy Beggars to Houses of Correction , or the Work-houses herein mentioned , and as yet have no power by Law to make Rates to reimburse themselves ; Be it therefore Enacted by the Authority aforesaid , That all Constables , Headboroughs , and Tithingmen so out of purse , as aforesaid , together with the Church-wardens and Overséers of the poor , and other Inhabitants of the said Parish shall hereby have power and Authority to make an indifferent Rate , Power to make rates . and to tax all the Occupiers of Lands , and Inhabitants , and all other persons chargeable by the Statute of the thrée and fortieth of Elizabeth concerning the Office and Duty of Overséers for the poor within the said Parish , which Rate being confirmed under the hands and Seals of any two Iustices of Peace , 43 El. cap. 2. as aforesaid , the said Constable , Headborough , or Tithingmen shall have power by Warrant under the hands and Seals of two Iustices of Peace , to levy by distress and sale of the goods of any person or persons refusing to pay the same , rendring the overplus to the Owner , if any shall be .

Putative fathers of Bastard-children , running away how to be proceeded against . And whereas the putative Fathers and lewd Mothers of Bastard-Children run away out of the Parish , and somtimes out of the County , and leave the said Bastard children upon the charge of the Parish where they are born , although such putative Father and Mother have Estates sufficient to discharge such Parish ; Be it therefore Enacted by the Authority aforesaid , That it shall and may be lawful for the Church-wardens and Overséers for the poor of such Parish , where any Bastard-Child shall be born , to take and seise so much of the Goods and Chattels , and to receive so much of the Annual Rents or profits of the Lands of such putative father , or lewd mother , as shall be ordered by any two Iustices of Peace as aforesaid , for , or towards the discharge of the Parish , to be confirmed at the Sessions , for the bringing up and providing for such Bastard-Child ; And thereupon it shall be lawful for the Sessions to make an Order for the Church-wardens or Overséers for the poor of such Parish , to dispose of the goods by Sale , or otherwise , or so much of them for the purposes aforesaid , as the Court shall think fit , and to receive the rents and profits , or so much of them , as shall be ordered by the Sessions as aforesaid , of his , or her Lands .

Persons sued for matters in this Act , may plead the General Issue . And if any person or persons shall be sued for any matter or thing which he shall do in execution of this Act , he may plead the General Issue , and give the special matter in Evidence ; And if the Verdict shall pass for the Defendant , or if the Plaintiff be Nonsuited or Discontinue his Suit , the Defendant shall recover treble Damages .

Lancashire , Cheshire , Derbyshire , Yorkshire , Durham , Cumberland , Westmerland . 43 El. cap. 2. Whereas the Inhabitants of the Counties of Lancashire , Cheshire , Derbyshire , Yorkshire , Northumberland , the Bishoprick of Durham , Cumberland , and Westmerland , and many other Counties in England and Wales , by reason of the largeness of the Parishes within the same , have not , nor cannot reap the benefit of the Act of Parliament , made in the thrée and fortieth year of the Reign of the late Quéen Elizabeth , for relief of the poor ; Therefore be it Enacted by the Authority aforesaid , That all and every the poor , néedy , impotent , and lame person and persons within every Township or Village , within the several Counties aforesaid , shall from and after the passing of this Act , be maintained , kept , provided for , and set on work within the several and respective Township and Village , wherein he , she , or they shall inhabit , or wherein he , she , or they was or were last lawfully setled , according to the intent and meaning of this Act , and that there shall be yearly chosen and appointed , according to the rules and directions in the said Act of the thrée and fortieth year of Quéen Elizabeth mentioned , two or more Overséers of the poor within every of the said Townships or Villages , who shall from time to time do , perform and execute all and every the Acts , powers and authorities for the necessary relief of the poor within the said Township or Village , and shall lose , forfeit , and suffer all such pains and penalties for non-performance thereof as is limited , mentioned and appointed in and by the said in-part-recited Act.

And be it further Enacted by the Authority aforesaid , That the Iustices of Peace within the said Counties shall have and enjoy such and the like powers and authorities , to raise and levy moneys , and to do and execute all and every such other Act and thing whatsoever , within every Township or Village within the said County where they are Iustices , as is given , limited and appointed unto , and for them to do and execute within any Parish or Parishes in and by the said Act made in the said thrée and fortieth year of the said late Quéen Elizabeth , under such and the like pains and penalties for the non-performance of their Duties , to be levyed and disposed of as is nominated and expressed in the said Act.

Power of the Iustices to transport rogues and vagabonds . Provided alwayes , and be it Enacted by the Authority aforesaid , That it shall and may be lawfull for the Iustices of Peace in any of the Counties of England and Wales , in their Quarter-Sessions Assembled , or the major part of them to Transport , or cause to be Transported such Rogues , Vagabonds , and sturdy Beggars , as shall be duly convicted , and adjudged to be incorrigible , to any of the English plantations beyond the Seas .

Proviso for the Dean and chapter of Westminster . Provided also , That neither this Act , nor any thing therein contained , shall extend to be , or be construed , expounded , or taken to the prejudice or infringement of any the franchises , rights , liberties , or priviledges heretofore granted by the Kings and Quéens of this Realm , his Majesties Royal Predecessors , to the Dean and Chapter of the Collegiate Church of St. Peter in Westminster .

The continuance of divers parts of this Act. Provided always , That this Act , as to all the matters therein contained ( excepting what relates unto the Corporations mentioned and constituted thereby ) shall extend , and be in force untill the nine and twentieth day of May , One thousand six hundred sixty five , and the end of the first Session of the next Parliament , then next ensuing , and no longer .

CAP. XIII .

Importation of Forreign Bonelace , Cut-work , Imbroidery , Fringe , Band-strings , Buttons , and Needle-work prohibited .

VVHereas great numbers of the Inhabitants of this Kingdom are imployed in the making of Bonelace , Band-strings , Buttons , Néedlework , Fringe , and Imbroideries , who by their industry and labour have attained and gained so great skill and dexterity in the making thereof , that they make as good of all sorts thereof , as is made in any Forreign parts , by reason whereof , they have béen heretofore able to relieve their poor Neighbours , and maintained their Families , and also enabled to set on work many poor children , and other persons who have very small means , or maintenance of living , other then by their labours and endeavours in the said Art : And whereas the persons so imployed in the said Mystery have heretofore served most parts of this Kingdom with Bonelace , Band-strings , Buttons , Néedlework , and Imbroidery : And for the carrying on , and managing of the said Trade , they have procured great quantities of Thread and Silk to be brought into the Kingdom from Foreign parts , whereby his Majesties Customs and Revenues have béen much advanced , until of late , that great quantities of Foreign Bonelace , Band-strings , Néedlework , Cut-work , Fringe , Silk , Bonelace , Buttons , and Imbroidery were brought into this Kingdom by Foreigners and Inhabitants of this Kingdom , and sold to Shop-kéepers , and others , Dealers in the said Commodity , as well by Whole-sale as Retail , without ever entring of the same in any of his Majesties Custom-houses , or paying any Duty or Custom for the same ; by means whereof , the said Trade and calling is of late very much decayed , those imployed in the said Calling very much impoverished , the Manufacture much decreased , and great quantities thereof already made , left on their hands that make it , His Majesty defrauded and deceived in his Customs , and many thousand poor people formerly kept on work in the said Art , like to perish for want of imployment ; there being daily great sums of money exported out of this Kingdom , for the buying and fetching in of the said Commodity , to the great impoverishment of the Nation by the Consumption of the Bullion and Treasure thereof , and contrary to several Statutes made in the first of King Richard the Third ; 1 R. 3. cap. 12. 3 E. 4. cap. 4. 19 H. 7. cap. 21 5 Eliz. cap. 7. in the third of King Edward the fourth ; in the ninetéenth of King Henry the Seventh , and the fifth of Quéen Elizabeth ; and to a late Proclamation made by his Majesty that now is , dated the twentieth day of November last , for the putting the said Laws in execution .

For redress whereof , and prevention of the like mischiefs for the future , and the better relief , comfort , and subsistence of those imployed in the said Art and Manufacture ; And for the quickning , reviving , explaining , amending , and more effectual execution of the said Statutes , Be it Enacted by the Kings most Excellent Majesty , by , and with the advice and consent of the Lords Spiritual and Temporal , and Commons in this present Parliament Assembled , and by Authority of the same , That no person or persons whatsoever shall , from and after the Twenty fourth day of June , One thousand six hundred sixty two , sell , or cause to be sold , or offer to sale , within the Kingdom of England , or Dominion of Wales , or export any Foreign Bonelace , Cut-work , Foreign bone-lace , cut-work , imbroidery , fringe , band-strings , prohibited to be sold or imported from beyond Sea . Imbroidery , Fringe , Band-strings , Buttons , or Néedlework made of Thread , Silk , or any , or either of them in parts beyond the Seas , or Import , bring in , send , or convey , or cause to be brought in , sent , or conveyed into the Kingdom of England , or Dominion of Wales , any such Foreign Bonelace , Cut-work , Fringe , Imbroidery , Band-strings , Buttons , or Néedlework made of Thread , Silk , or any , or either of them beyond the Seas , after the first day of May , which shall be in the said year of our Lord , One thousand six hundred sixty and two , upon pain , that all and every person or persons , who shall sell , or cause to be sold , or offer to sale any such Foreign Bonelace , Cut-work , Imbroidery , Fringe , Band-strings , Buttons , or Néedlework , shall forfeit and lose for every offence by him committed contrary to this Act , the sum of Fifty pounds , and the whole Bonelace , Cut-work , Imbroidery , Fringe , Band-strings , Buttons , or Néedlework so sold , or caused to be sold , or offered to sale ; And upon further pain , That all and every person or persons who shall Import , bring in , send , or convey , or cause to be brought in , sent , or conveyed into this Kingdom of England , or Dominion of Wales , any such Bonelace , Cut-work , The penalty . Imbroidery , Fringe , Band-strings , Buttons , or Néedlework , shall forfeit and lose for every offence by him committed contrary to this Act , the sum of One hundred pounds , and the whole Bonelace , Cut-work , Imbroidery , Fringe , Band-strings , Buttons , or Néedle-work so Imported , brought in , sent , or conveyed , or caused to be Imported , brought in , sent , or conveyed contrary to the form and effect of this present Act as aforesaid ; One moyety to the King , the other to the prosecutor . The Moyeties of all which Forfeitures to be to the use of our Sovereign Lord the Kings Majesty , his Heirs and Successors ; and the other Moyety to him , or them that shall sue for the same in any of the Kings Courts of Record , by Bill , Plaint , Action of Debt , Information , or otherwise ; wherein no Essoign , Protection , or Wager of Law shall be allowed , at every time , and as often as any person shall be found to offend in selling , importing , conveying , or bringing in as aforesaid . Every Iustice of Peace may grant Warrants to search for Manufactures prohibited by this Act

And be it further Enacted by the Authority aforesaid , That for the preventing of the Importing of the said Manufactures as aforesaid , upon complaint and Information given to the Iustices of the Peace , or any , or either of them within their respective Counties , Cities , and Towns Corporate , at times reasonable , he or they are hereby authorized and required to issue forth his or their Warrants to the Constables of their respective Counties , Cities , and Towns Corporate , to enter and search for such Manufactures in the Shops being open , or Ware-houses , and dwelling-houses of such person or persons as shall be suspected to have any such Foreign Bonelaces , Imbroidery , Cut-work , Fringe , Band-strings , Buttons , or Néedlework within their respective Counties , Cities , and Towns-Corporate , and to seize the same , any Act , Statute , or Ordinance to the contrary thereof in any wise notwithstanding .

The time limited for actions upon this Act. Provided always , and be it hereby Enacted and Declared , That all Informations , Actions , and Suits that shall be commenced for any offence committed against this Law , shall be brought and commenced within twelve Moneths after the discovery of such offence , Any former Act , or Law to the contrary notwithstanding .

CAP. XIV .

Direction for Prosecution of such as are Accountable for Prize-Goods .

12 Car. 2. c. 11 VVHereas in the Act of Frée and General Pardon , Indempnity and Oblivion , made in the Twelfth Year of your Majesties Reign , and since confirmed by another Act , Intituled , An Act for confirming Publick Acts , 13 Car. 2. c. 7. made in the thirtéenth year of your Majesties Reign , there is ( amongst other exceptions ) excepted all and singular the Accounts of all Prize-Goods , and of all moneys and other Duties grown due , or contracted upon the sale or disposition of them or any of them ; By vertue whereof , and of another Act made in the said thirtéenth year of your Majesties Reign , 13 Car. 2. c. 3. Intituled , An Act for the Declaring , Vesting , and Setling of all such Moneys , Goods , and other things in his Majesty , which were received , levied , or collected in these late times , and are remaining in the hands or possession of any Treasurers , Receivers , Collectors , or others not Pardoned by the Act of Oblivion , all and singular Prizes and Ships , and Goods whatsoever seized or taken for Prize ( since the thirtieth of January , in the year , One thousand six hundred forty two ) by colour , or pretence of any of the late pretended Authorities , or by pretence or colour of any Power or Authority derived , or pretended to be derived from , or under them or any of them , or otherwise for , or upon any pretence of any publick use ; And all Captures and Seisures of Prizes and Tenths of Prizes to , or under pretence of any publick use ; And all the moneys arising , or due , or contracted for , upon the Sales and Dispositions of them , or any of them yet unpaid , or unaccounted for , in whose hands soever the same be , or by whomsoever owing , are rightly vested in your Majesty ; And all the Buyers and Receivers and Injoyers thereof , not having yet truly accounted for , or paid for the same , stand chargeable to your Majesty .

Now for that as well by a pretended Act made in the year one thousand six hundred forty nine , the Buyers of Ships and goods taken , Pretended Act. 1649. The reason for suing for prize-goods in the Court of Admiralty . or seised , and sold for Prize , were in case of any failer of performing their contract , to be convented in the Court of Admiralty , and in case they were condemned , there to pay the money by them contracted for , then the same to be levied by execution of the said Court ; And for that by reason of other pretended Acts and Ordinances made in those times , all the matters touching Prize and Captures , and Seisures , and Tenths of Prizes , were referred to the said Court of Admiralty , and all the Processes , Exhibites , Writings , Examinations , Depositions , Procéedings , Passages , Condemnations , Sentences , Decrées , and Orders , touching and concerning Prizes and Captures , and Seisures of Prizes , and tenths of Prizes , of what sort soever were had , taken , made , and done in the said Court of Admiralty , and do all , or most of them there remain ; So that the said Court of Admiralty being thereof possessed , and best acquainted therewith , and with all the passages thereof , It will be the readiest and quickest way for your Majesty to Sue for the same in that Court , which being there Sued for , may probably amount to considerable sums of money .

May it therefore please your Majesty , that it may be Enacted ; And be it Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of the same , That all and every Collectors and Treasurers , Sub-Collectors and Vnder-Treasurers of Prize-goods , Commissioners and Sub-Commissioners of Prize-goods , and all and every their Cashéers , Officers , Rep. 16 & 17 Car. 2. cap. 6. Deputies and Receivers , and all and every Admirals , Vice-Admirals , Captains of Ships , Officers and Mariners , and all and every other person and persons whatsoever , to whom such Prizes were delivered , or to whose hands they came at any time since the said thirtieth of January , One thousand six hundred forty and two , and before the nine and twentieth of May , One thousand six hundred and sixty , or that did surprize or receive to or for the publick use , or by pretence thereof any Ships , Plate , Iewels , Bullion , Money , Silver , Gold , Arms , Ammunition , Wares , Merchandizes or any manner of Goods whatsoever seised or taken for Prize within the times aforesaid , and that have not yet truly accounted for , and paid in the same , or the just provenues and values thereof , and all and every person and persons by whom , or to , or for whose use the same or any of them were sold , or who had and enjoyed the same , or any part thereof , and are still behind , and have not paid the moneys contracted for , and arising or due upon such sales , or any of them ; and all Securities by them or any of them given for their just dealing in their Offices or Places , or any thing concerning the said Prizes or any of them , shall be chargeable to your Majesty for the said premisses and all the Dependencies thereof respectively in the said Court of Admiralty , and shall and may be by your Majesties Advocate and by such other of your Majesties Councel in that Court , as Your Majesty shall please particularly to nominate , and commit that affair unto , and by special Warrant under your Sign Manual to appoint to sue for the same in your Majesties Name , and to and for your Majesties use to be sued and convened in the said Court of Admiralty , and either called to account or otherwise by such suit and in such manner as may be most available for your Majesty , be there procéeded against , sued and prosecuted in due course according to their respective cases for all and every the said Prizes , Ships , Goods , Moneys and Premisses received or had by them and still in arrear , and wherewith they are as aforesaid chargeable ; The Court of Admiralty impowred to proceed upon suits for prize-goods taken at any time since Ian. 30. 1642. and before 29 May 1660. and not accounted for . And the said Court of Admiralty is hereby enabled and authorized to procéed thereupon according to the Laws and course of that Court , and to do and minister right and Iustice therein , with all things thereto requisite ; And to give sentences and final Decrées and condemnations therein as by the rules of Iustice ought to be , and that in the most spéedy manner , and to put in execution and finally to execute and levy all and every sum and sums , and whatever shall be adjudged , sentenced or condemned by and according to the rules and course of Executions in the said Court , and that without any manner of Let , Disturbance , Hinderance , Obstruction or Impediment whatsoever , that your Majesty may be for the same satisfied and paid according to right and Iustice .

Provided always , and be it further hereby Enacted and Declared by the Authority aforesaid , Proviso for the saving all Rights of the Lord High Admiral . That all such Rights as during the Reign of your Majesties Royal Father of Blessed memory , or your Majesties Reign belonged and appertained unto the Lord High Admiral of England , or Lord Warden of the Cinque Ports for the time being , by vertue of the said Office , and have béen at any time since the year of our Lord , One thousand six hundred forty and eight , usurped , possessed or seised by any person or persons , Bodies Politick or Corporate , and not having accounted for the same to any Authority or pretended Authority , Vsurping the Government of this Nation , and not pardoned by the Act of Oblivion , That all such person or persons , Bodies Politick or Corporate , shall account and pay the same to his Royal Highness , James Duke of York , your Majesties onely Brother , Lord High Admiral of England , or Lord Warden of the Cinque Ports , upon suit for the same in the High Court of Admiralty ; Any thing in this Act ( the absence of the Lord High Admiral during these late troubles , or the persons not having béen imployed or authorized by the said Lord High Admiral ) to the contrary in any wise notwithstanding .

Provided alwayes , and be it Enacted by the Authority aforesaid , How in defect of Iurisdiction in the Admiralty , suit may be in the Exchequer . That in case of defect of Iurisdiction in the Court of Admiralty for the recovering and levying of any such Prizes , Goods , matters and things aforesaid ; That then in such case upon Certificate thereof from the said Court of Admiralty made into his Majesties Court of Exchequer , spéedy procéedings shall be had in the said Court of Exchequer for the recovering and levying of the Prizes , Goods , matters and things aforesaid , according to Law and Iustice .

CAP. XV.

The Trade of Silk-throwing regulated .

VVHereas the Company of Silk-throwers within the City of London and Liberties , The Silk-throwers of London incorporated by Patent . 5 Car. 1. and all their Servants and Apprentices within four Miles thereof were quinto Caroli primi Incorporated and made one Body Politick , and are known by the name of the Master , Wardens , Assistants and Commonalty of the Trade , Art or Mystery of Silk-throwers of the City of London ; And whereas the said Trade is of singular use , and very advantagious to this Commonwealth , by imploying the poor , there being imployed by the said Company in and about the City of London ( as is expressed in their Petition ) above forty thousand men , women , and children , who otherwise would unavoidably be burthensome to the places of their aboad ; And whereas the present Governours of the said Company by their Petition , pray an enlargement of their Charter , whereby they may be the better enabled to avoid the many deceits and inconveniencies they daily méet withal by Intruders , who have not béen brought up Apprentices to the said Trade , and others who settle themselves beyond the limits of their said Charter , on purpose to avoid the Searchers and Supervision of the said Governours , by which means they are at liberty to make and vend what Wares they please , to the disparagement of the said Trade , and discouraging of the Petitioners , and all others of the said Trade that have duly served Apprentice thereunto , according to the known Laws of this Nation .

For remedy whereof , Be it Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , and by Authority of the same , None shall use the trade of a silk-thrower but such as have served as apprentices seven years . That from and after the twenty fifth day of December , which shall be in the year of our Lord , One thousand six hundred sixty and two , no person or persons whatsoever , shall directly or indirectly use , exercise , continue or set up the said Trade , Art of Mystery of a Silk-thrower within this Realm of England , unless such as are or shall be Apprentices to the said Trade , or shall have served seven years Apprentiship thereunto at the least , upon pain that every person so offending contrary to this Act , shall pay , The penalty . forfeit and lose the sum of forty shillings for every moneth the said person shall use or exercise the said Trade , the one moyety thereof to the use of his said Majesty his Heirs and Successors , and the other moyety thereof to such person or persons as shall sue for the same in any of the Courts of Record within this Realm of England , Before whom to be recovered . or before any the Iustices of Oyer and Terminer , or the Iustices of the Peace at their Quarter-Sessions of the Peace , by Action of Debt , Bill , Plaint or Information , or by any other lawful ways or means whatsoever , wherein no Protection , Wager of Law or Essoign shall be allowed .

And for the better enabling of the said Master , Wardens , Assistants , and Commonalty of Silk-throwers and their Successors in their Government ; Be it further Enacted by the Authority aforesaid , That all and every person and persons whatsoever , now using or exercising as Masters the said Art ,

Every person using the trade in London and Westminster shall enter himself of the said corporation .

And be subject to the laws & orders thereof . The penalty .

Trade or Mystery , or such as have served as Apprentices to the said Trade by the space of seven years at the least , within the said Cities of London and Westminster , and the several Suburbs thereof , or within twenty miles compass of them or either of them , shall before the twenty fifth day of December , which shall be in the year of our Lord one thousand six hundred sixty and two , be admitted , and are hereby enjoyned to enter themselves into the said Society or Corporation , and to perform , and be subject and obedient to all such Statutes , Laws , Orders , Ordinances and Constitutions as are or shall be made or ordained for , or concerning the Exercise , Regulation or Government of the said Art , Trade or Mystery , or of any person or persons using or exercising the same , upon pain of forfeiture of the sum of forty shillings for every moneth he or they shall use or exercise the said Trade , after the said twenty fifth day of December , One thousand six hundred sixty and two ; the one moyety thereof to the use of his said Majesty , his Heirs and Successors , and the other moyety thereof to such person and persons as shall sue for the same in any the Courts of Record within this Realm of England , or before any the Iustices of Oyer and Terminer , or the Iustices of Peace at their Quarter-Sessions of the Peace , by Action of Debt , Bill , Plaint or Information , or by any other lawful wayes or means whatsoever , wherein no Protection , Wager of Law or Essoin shall be allowed .

Provided , That such Laws , Orders , Ordinances and Constitutions so made , or which shall be made , be not contrary , but agréeable with the Laws and Statutes of this said Realm , and the Customs of the said City of London .

The power of the masters , wardens and assistants . And be it further Enacted by the Authority aforesaid , That the said Masters , Wardens , Assistants and Commonalty , and their Successors shall , and may have and enjoy , and that it shall and may be lawful to and for them , from time to time , and at all times hereafter , to do , perform and execute , within the said Cities of London and Westminster , and the several Suburbs thereof , or within twenty miles compass of them or either of them , all such grants , powers , priviledges and authorities as by this present Act , or in or by the said Letters Patents of Incorporation are given or granted , or mentioned to be given or granted , for or concerning the regulation , exercise or government of the said Trade , Art or Mystery , or any matter or thing relating thereunto , or of such person or persons as do , or shall exercise the same ; Any thing in the said Letters Patents , or any Act , Statute or other matter or thing to the contrary thereof in any wise notwithstanding .

And whereas there is a necessity lying upon the Silk-throwers , to deliver their Winders or Doublers , considerable quantities of silk , which being of a good value , is by evil disposed persons many times unjustly , deceitfully and falsly purloined , imbezeled , pawned , sold and detained , to the great damage , and somtimes the utter undoing of the Thrower who employs the said persons : Be it further Enacted by the Authority aforesaid , That every such Silk-winder and doubler , The punishment of silk-winders that imbezel goods delivered to them . who shall at any time hereafter , unjustly or deceitfully and falsly , purloin , imbezel , pawn , sell or detain any part of Silk delivered or to be delivered by any Silk-thrower , or other person , to them or any of them , to wind or double , that in every such case and cases , as well the Winder or Iourneyman so offending , as the Buyer and Buyers , Receiver and Receivers of such Silk , being thereof lawfully convicted , by confession of the party or parties so offending , or by one witness upon Oath before one or more of the Iustices of Peace of the County or Liberty where the same offence or offences shall be committed ; or if it be within any City or Town-Corporate , before the Mayor , Bailiff or chief Officer of the said City or Town-Corporate , who by force of this Act are impowred and authorized to minister the same Oath , and finally to hear and determine all and every the Offences aforesaid , and to give and make to the party and parties grieved such recompence and Satisfaction for such their Dammage and Loss and Charges thereabouts , as by the said Iustice or Iustices , or Chief Officers shall be Ordered and Appointed .

Provided that no more damage be given or awarded then the party grieved shall prove he is damnified , and hath expended in looking after the same ; And if the party or parties so offending shall not be able or sufficient to make recompence or satisfaction for the said Offence , nor do make Recompence or Satisfaction for the same Offence or Offences within fourtéen dayes next after such conviction in such manner and form , as by the Iustice or Iustices or Chief Officers shall be ordered and appointed as aforesaid , then the party or parties so offending , for the first Offence shall be apprehended and Whipped , or set in the Stocks in the place where the Offence is committed , or in some Market Town in the said County near unto the place where the Offence or Offences aforesaid shall be committed , as shall be limited and appointed by the said Iustice or Iustices of the Peace or Chief Officers , and for the second Offence , to incur the like , or such further punishment by whipping or being put in the stocks , as the said Iustice or Iustices of the Peace , or chief officers shall in their discretion think fit and convenient .

And be it likewise Enacted by the Authority aforesaid , Persons receiving such imbezeled goods , how to be punished . That all and every Receiver and Receivers , Buyer and Buyers of any silk , or such as take to pawn any silk imbezeled or purloined , contrary to the meaning of this Act ( matter of fact being proved ) shall make satisfaction within the time aforesaid , or else shall be subject to like punishment as by this Act is inflicted , or provided to be inflicted upon such person so imbezeling or purloyning any such Silk as aforesaid .

Provided always , What persons may be imployed not having served as apprentices . that it shall and may be lawful to and for any Fréeman of the said Company of Silk-throwers , to set on work and imploy any person or persons , being native Subjects to his Majesty and no others , whether they be men , women or children , to turn the Mill , tye threads , double silk and wind silk as formerly they have used to do , although such person or persons who shall be so set on work , and imployed in the works and services aforesaid , shall not have served or béen bred up as Apprentices to the trade of Silk-throwing by the space of seven years , and that all and every the said person and persons who shall be set so on work , and imployed by any Fréeman of the said Company in the works and services aforesaid , shall and may be imployed by any Fréeman of the said Company in the works and services aforesaid , or any of them , without any let or molestation , Any thing in this Act to the contrary notwithstanding .

Provided , The said Corporation may not set rates upon their workmen . and be it Enacted that the said Corporation of Silk-throwers shall not by vertue of this Act , nor any thing therein contained , make any Orders , Ordinances or By-Laws , to set any rates or prizes whatsoever upon the Throwing of Silk , to bind or inforce their members to work at ; but that their respective members shall be left at liberty to contract with their respective Imployers , and also with the persons that they imploy at such rates , as they and their imployers , and the persons imployed shall agree upon , any thing in this Act to the contrary in any wise notwithstanding .

CAP. XVI .

For the more speedy and effectual bringing those persons to Account , whose Accounts are excepted in the Act of Oblivion .

BE it Enacted by the Kings most excellent Majesty , by and with the Advice and consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , and by the Authority of the same , That all and every person and persons who are accountable to the Kings Majesty , and their Accounts are not pardoned , but excepted by the late Act of Frée and General Pardon , Indempnity and Oblivion , 12 Car. 2. c. 11 The penalty against such persons as shall not within a certain time perfect their Accounts . 33 H. 8. c. 39. and against whom there is any charge now remaining in his Majesties Exchequer , and shall through their default not perfect his or their Account before the end of Trinity Term in the year of our Lord , One thousand six hundred sixty and two , That then the charge against all and every such person or persons shall be taken as a Debt by Writing Obligatory or Recognizance taken or acknowledged to the Kings Majesty according to the Statute of the thrée and thirtieth of King Henry the Eighth , Chapter 39. And that all and every other person or persons whose Accounts are excepted in the said Act of Oblivion , and have or shall have a Charge or Information against them in his Majesties Exchequer before the four and twentieth of June , one thousand six hundred sixty and two , and have or shall have notice thereof by Process out of the Court of Exchequer or otherwise served upon his person , or left at his house or last known place of Habitation before the nine and twentieth of September , one thousand six hundred sixty and two , and shall not before the first day of Easter Term then next ensuing , perfect their Accounts touching the said Charge , that then the Charge against all and every such person or persons shall be taken as a Debt by Writing Obligatory or Recognizance taken and acknowledged to the Kings Majesty , according to the Statute aforesaid ; and that in both the said Cases , Process shall be awarded as is used for recovery of debts due to his Majesty , according to the Statute as aforesaid , against him or them , and against all and every their Sureties not pardoned or discharged by the said Act of Oblivion , and his and their respective Lands , Tenements , Goods and Chattels , and Debts ; and the said Charge to continue in force only until the Accounts shall be perfected , and the Accountants discharge them thereof in due manner in the said Court of Exchequer , with such allowances as are given by the said Act of Oblivion , and untill payment made unto his Majesty of all such sums of money as shall be found due upon the determination of his or their Accounts .

CAP. XVII .

Relief of Collectors of Publick Moneys , and their Assistants and Deputies .

BE it Enacted by the Kings most Excellent Majesty , by , and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in Parliament now assembled , and by Authority of the same , Collectors & others imployed in levying money by vertue of any Act of Parliament being sued , may plead the general issue . That all Collectors and other Persons who have levied or Collected , or shall Levy or Collect any sum or sums of money , or other act done , or shall do in order to the same , by vertue of any Act of Parliament now in force , or of any other Act , Order , or Ordinance allowed to be put in Execution by any such Act of Parliament as aforesaid ; and who is , or shall be sued for , or concerning the same , by any other then the Kings Majesty , his Heirs and Successors , he , and they may plead the General Issue , and thereon give the special matter in evidence for his excuse and justification : And that all and every person or persons already sued or impleaded for any the Causes aforesaid , may notwithstanding any plea , or demurrer already made by any such Defendant , have liberty to change such his Plea , and to plead the General Issue , if he shall think fit so to do .

Provided always , that neither this Act , nor any thing therein contained , shall extend , or be construed to extend to authorize the levying or collecting of any sum or sums of money , which are pardoned by the late Act , 12 Car. 2. c. 11 Entituled , An Act of Free and General Pardon , Indempnity , and Oblivion .

CAP. XVIII .

Exporting of Sheep , Wool , Wool-fells , Mortlings , Shorlings , Yarn made of Wool , Wool-flocks , Fullers-Earth , Fulling-Clay , and Tobacco-pipe-Clay ; Prohibited .

WHereas against the Laws of this Kingdom great number of Shéep , and great quantities of Wooll , Wool-fels , Mortlings , Shorlings , Yarn made of Wool , Wool-flocks , Fullers Earth , or Fulling-Clay , are secretly Exported , Transported , carried and conveyed out of the Kingdom of England , Dominion of Wales , the Town of Berwick upon Tweed , and Kingdom of Ireland into the Kingdom of Scotland , and into Foreign parts , to the great decay of the Woollen Manufactures , the ruine of many Families , and the destruction of the Navigation and Commerce of the Kingdoms , Town , and Dominion aforesaid , which is like daily to increase if some further remedy be not provided , and further penalties imposed upon the Offenders therein .

Be it therefore Enacted by the Kings most Excellent Majesty , by and with the Advice and consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of the same , That if any person or persons shall from and after the first day of August , Exporting or carrying of sheep , wooll , woolfels , mortlings shorlings , yarn woolflocks , Fullers earth , Fulling clay , out of England , Wales or Ireland . One thousand six hundred sixty and two , directly , or indirectly , Export , Transport , Carry , or Convey , or shall cause to be Exported , Transported , Carryed , or Conveyed out of , or from the Kingdom of England , Dominion of Wales , or Town of Berwick upon Tweed , or after the first day of January , One thousand six hundred sixty and two , out of the Kingdom of Ireland , into any parts or places out of the Kingdoms , or Dominion aforesaid , or into the Kingdome of Scotland any Shéep or Wool whatsoever , of the bréed or growth of the Kingdoms or Dominion aforesaid , or any Wool-fells , Mortlings , Shorlings , Yarn made of Wool , Wool-flocks , or any Fullers Earth , or Fulling-Clay whatsoever , or shall directly , or indirectly pack or load , or cause to be packed or loaden upon any horse , Cart , or other Carriage , or shall load or lay on board , or cause to be loaden or laid on board in any Ship or other Vessel , in any place within the Kingdoms of England or Ireland , Dominion of Wales , or Town of Berwick upon Tweed aforesaid , any such Shéep , Wooll , Wool-fels , Mortlings , Shorlings , Yarn made of Wooll , Wool-flocks , Fullers Earth , or Fulling Clay , to the intent or purpose to Export , Transport , Carry , or convey the same , or to cause the same to be Exported , Transported , Carryed , or conveyed out of the Kingdoms of England or Ireland , the Dominion of Wales or Town of Berwick upon Tweed aforesaid , into the Kingdom of Scotland , or into any Foreign parts , that then every such offence shall be adjudged Felony , Made Felony and the Offender or Offenders being duly Convicted , shall suffer and forfeit as in case of Felony .

Aiders and assisters therein shall be adjudged Felons . And be it further Enacted by the Authority aforesaid , That every Owner of any such Ship or other Vessel , & every owner of every horse , Cart , or Carriage , upon which any Shéep , Wooll , Wool-fels , Mortlings , Shorlings , Yarn made of Wool , Woolflocks , Fullers Earth or Fulling Clay , shall be so Exported , Transported , carryed , or conveyed as aforesaid , or to any such intent or purpose as aforesaid , knowing thereof , and being wittingly and willingly aiding , assisting , or consenting thereunto , and also every Master and Mariner of or in such Ship or other Vessel , wherein any such Shéep , Wooll , Wool-fels , Mortlings , Shorlings , Yarn made of Wooll , Woolflocks , Fullers Earth or Fulling Clay , shall be so exported , transported , carryed or conveyed , or loaden or laid on Board as aforesaid , to any such intent or purpose as aforesaid , knowing thereof and being wittingly and willingly aiding , assisting , or consenting thereunto , and also every Factor or servant , or other person whatsoever , and every Customer , Comptroller , Waiter , Searcher , Surveyor , or other Officer or person whatsoever knowing thereof , and being wittingly or willingly aiding , assisting , or consenting thereunto , shall be , and shall be adjudged and taken to be a felon , and every Offender and Offenders therein , being duly convicted , shall suffer and forfeit as in case of felony .

And be it further Enacted by the Authority aforesaid , That every offence , Offences against this Act where to be examined & tryed . which shall be done or committed contrary to this Act , shall and may be enquired of , and heard , examined , tryed , and determined in the County where such Shéep , Wool , Woolfels , Mortlings , Shorlings , Yarn made of Wool , Woolflocks , Fullers Earth or Fulling Clay respectively shall be so Packed , laden , or laid on board as aforesaid , or else in the County where such Offender shall happen to be apprehended or arrested for such offence , in such manner and form and to such effect to all intents and purposes , as if the same offence had béen wholly done and committed in the same County .

Provided also , that every Baron and other Péer of this Realm , Peers . which shall be indicted or accused as principal , or accessary in or to any offence made felony by this Act , shall have his , her , or their Tryal , by his , her , or their Péers , as in cases of felony at the Common Law .

Provided always , and be it Enacted by the Authority aforesaid , None to be impeached , unless within one year next after the offence committed . That no person or persons whatsoever shall at any time hereafter be impeached for any offence made felony by this Act , unless such person or persons shall be thereof indicted within the space of one year next ensuing such offence committed .

And forasmuch as great quantities of Wool , Woollen yarn , and Wool-flocks are close packed and pressed together with serues , and other unlawful engines into Butts , Pipes , Hogsheads , Chests and other Cask and Vessels , and into Sacks , Baggs and other wrappers made of Wool , or Linen , and under colour of Bales , Sacks , Baggs , Packs , and Casks of other Goods , and otherwise , great quantities of the same are daily loaden on board of Ships or other Vessels , and so are carryed , conveyed , exported and transported out of the Kingdoms , Town of Berwick , and Dominion aforesaid ; and also great quantities are daily carryed and laid at , or near the Coasts of the Sea , or some Navigable Rivers , into Store-houses and Barns , and by night are laid on board of Shallops and other Vessels belonging to Aliens , and so carryed and exported out of the Kingdoms , Town of Berwick , and Dominion aforesaid ; Be it therefore Enacted by the Authority aforesaid , That from and after the said first day of August , Scrues and unlawful Engines for pressing together of wool , not to be used . no person or persons shall press together with any Scrues , Presses or other Engines , into any Sack , Pack , Bag or other wrapper , or shall put , press , pack or stean any Wool whatsoever , or any Yarn made of Wool , into any Butt , Pipe , Hogshead , Chest or any other Cask or Vessel , upon any pretence whatsoever , or shall carry or lay , or cause to be carried or laid at or near the Shore or Coasts of the Sea , or of any Navigable River , or into any house or place near adjoyning thereunto , any such Wool , Wool-flocks , or Yarn made of Wool , with intention to export , transport , carry or convey the same out of the Kingdoms of England or Ireland , Town of Berwick upon Tweed , or Dominion of Wales , into the Kingdom of Scotland , or into any Foreign parts , under the penalty of the loss and forfeiture of all such Wool , The penalty . Wool-flocks , and Yarn made of Wool , as shall be so packed or pressed , or put or laid into Cask , or carried and laid near to the Sea-shoar , or to any Navigable River as aforesaid , or the value thereof .

And whereas great quantities of Fullers Earth or Fulling Clay , Fulling clay , Tobacco-pipe clay not to be exported . are daily carried and exported under the colour of Tobacco-pipe Clay , Be it therefore Enacted by the Authority aforesaid , That no Tobacco-pipe Clay shall from and after the first day of August , One thousand six hundred sixty and two , be exported , transported , carried or conveyed out of or from the Kingdom of England , Town of Berwick upon Tweed , or after the first day of January , One thousand six hundred sixty and two , out of or from the Kingdom of Ireland , or the Dominion of Wales , The penalty . into the Kingdom of Scotland , or into any Foreign parts , or into any Port or place out of the Kingdoms or Dominion aforesaid , under the penalty of thrée shillings for every pound of Tobacco-pipe Clay which shall be exported or transported contrary to this Act.

And be it further Enacted by the Authority aforesaid , That from and after the first day of August , One thousand six hundred sixty and two , no Packs , Sacks , Bags , or Cask of any Wool , Packs of wool woolfels &c. shall not be carryed but in the day time . Wool-fels , Mortlings , Shorlings , Yarn made of Wool , Wool-flocks , Fullers Earth , Fulling Clay or Tobacco-pipe Clay , shall be laid or loaden on any horse , cart or other carriage whatsoever , or shall be carried or conveyed by land to or from any place or places within the Kingdom of England , Town of Berwick , or Dominion aforesaid , nor after the first day of January , One thousand six hundred sixty two in the Kingdom of Ireland , but in the day time , and at seasonable hours , ( that is to say ) from and after the first day of March to the nine and twentieth day of September yearly , betwéen the hours of four of the clock in the morning , and eight of the clock in the evening , and from the nine and twentieth day of September , to the first day of March yearly , betwéen the hours of seven of the clock in the morning , and five of the clock in the evening , The penalty . under the penalty of the loss and forfeiture of all such goods or the value thereof , the one moyety of all which forfeitures mentioned in this Act , to be to the use of the King , his Heirs and Successors , and the other moyety to him or them that will sue for the same by Action of Debt , Bill , Plaint or Information , in any Court of Record , in which no Essoign , Protection or Wager of Law shall be admitted or allowed .

Provided nevertheless , Proviso concerning the Act. That this Act or any thing therein contained shall not extend or be construed to extend to repeal , disanul and make void any the Penalties , Clauses , or Provisoes mentioned in one Act of this present Session of Parliament , made against the transportation of Wool , Wool-fels , Fullers Earth , or any kind of Scouring Earth , 12 Car. 2. c. 32 13 Car. 2. c. 14 or to the prohibiting of the loading on board of any Ship or Vessel , of any Weather-sheep , Wool , Wool-flocks or other goods mentioned in this Act , that by the aforesaid Act is permitted to be loaden on board of any Ship or Vessel , for the necessary use or provision of such ship or vessel as aforesaid , Any thing in this Act contained to the contrary in any wise notwithstanding .

Proviso for owners of ships that have offended and shall first discover the same . Provided always , That if any Owner of any Ship or Vessel , or any Master or Mariner knowing of such transportation of such shéep , wool , woolfels , mortlings , shorlings , yarn made of wool , wool-flocks , Fullers earth , Fulling clay , or Tobacco-pipe clay , shall within thrée moneths next after the knowledg thereof , or after his return into the Kingdom of England or Ireland , or into the said Town of Berwick , or Dominion of Wales aforesaid , give the first information bona fide before any of the Barons of either of the Courts of the Exchequer in England or Ireland for the time being , or before the head Officer of any Port where he shall first arrive , upon his or their Oath , of the number and quantity of the goods mentioned in this Act , so carryed , conveyed , and transported , and by whom , where , and in what ship or vessel , and afterwards shall be ready upon reasonable warning by Process to justify and prove the same , that then such Owner and Owners , Master , Mariner and Mariners shall not be punished for felony by vertue of this Act , but shall nevertheless be subject to all other penalties and forfeitures in this or any other Act contained , for the Offence aforesaid ; and all such Exportation , Transportation , carrying or conveying of any the goods ,

Common nusance .

Who may hear and determine the said offences .

wares or commodities in this Act mentioned , is hereby declared and adjudged to be a common and publick Nusance .

And for the better execution of this Act , be it further Enacted , that all Iustices of Assize , Iustices of Goal-delivery , and Iustices of Peace shall enquire of all the premisses in their General Quarter-Sessions , and hear and determine the same ; and that all Mayors , Bailiffs , and other head Officers of Cities , Burroughs , and Towns , not having Iurisdiction to try felony , shall enquire of all and every Offence within this Act not made felony , and hear and determine the same .

CAP. XIX .

Importing of Foreign Wool-cards , Card-wire , or Iron-wire , prohibited .

WHereas by the Acts of Parliament made in the third year of King Edward the fourth , and the nine and thirtieth year of Quéen Elizabeth , 3 E. 4. ca. 4. ●9 El. c. 14. and several other Statutes before that time made ; It is Enacted ( amongst other things therein contained ) that no Cards for wool , nor Iron thread ( commonly called white wire ) shall be Imported , sent or conveyed into this Realm of England , wherein the best Iron thread , or wire for making wool-cards is made , and by the said manufacture of making , and drawing of wire , and wool-cards , very many poor people of this Kingdom and their families have béen imployed and maintained , and the wool-cards made thereof are of great concernment to this Kingdom for the good making of woollen Cloth ; And whereas contrary to the said Statutes , not only much Foreign Card-wire , but also Foreign wool-cards have béen in these late times Imported into this Kingdom , and also within the same many old wool-cards are by ill disposed persons ( for their private lucre ) bought up , and the old Iron-wire of the said old wool-cards ( being very weak , and insufficient for the well carding of wool ) is put into new leather and new boards , and so uttered and sold to ignorant people for new wool-cards , to their great detriment and the indamaging of their work , carding of wool , and the cloth made thereof ; By all which , very great inconveniencies have béen found by experience of Clothiers in their making of English Cloth , which is lately much debased and decayed , and wherein this Nation is greatly concerned to uphold and encourage the well making thereof in and by all wayes and means in any wise conducible thereunto ; Be it therefore Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords Spiritual and Temporal , and the Commons assembled in Parliament ; No Foreign wool-cards , card-wire or iron wire for wool-cards may be imported . And it is hereby Enacted by the Authority aforesaid , That no Foreign wool-cards or Foreign Card-wire , or Iron-wire , for making of wool-cards be Imported into this Kingdom of England , Dominion of Wales , or any parts thereof , nor used within the same , nor any Card-wire taken out of old Cards be from henceforth put into new leather and new Card-boards , nor any such wool-cards made thereof be put to sale , upon the pains , penalties , and forfeitures hereafter following ( that is to say ) Every person or persons who shall import , or bring any Foreign wool-cards , or Foreign Card-wire , or Iron-wire , for making of wool-cards into this Kingdom of England , The penalty . Dominion of Wales , or any parts thereof , or make any wool-cards of any such old Card-wire as aforesaid , or put the same to sale , shall forfeit the said wool-cards and Card-wire or Iron wire for making wool-cards or the value thereof , if the same be not seised , the one half part thereof to the Kings Majesty , and the other half part thereof to such person or persons who shall first seise or sue for the same by Action of Debt , Plaint , Bill , Information , or Indictment in any of his Majesties Courts of Record at Westminster , or within the County , City , Burrough or Town Corporate where such offence shall be committed , wherein no Essoign , Protection , Wager of Law or Injunction shall be allowed or admitted .

Proviso for amending of old wool-cards . Provided always , That this Act shall not extend to hinder the Owners of any wool-cards , to cause them to be amended for their own use , or to transport or sell ( for Transportation onely ) any their old overworn wool-cards , in any parts beyond the Seas out of his Majesties Dominions .

CAP. XX.

Provision of Carriage by Land , and by Water , for the use of His Majesties Navy and Ordnance .

WHereas by an Act Entituled , An Act for taking away the Court of Wards and Liveries , 12 Car. 2. cap. 24. and Tenures in Capite , and by Knights Service , and Purveyance , and for setling a Revenue upon His Majesty in lieu thereof , It was amongst other things Enacted , for the reasons and recompence therein expressed , That from thenceforth no Person or Persons by any Warrant , Commission , or Authority under the Great Seal , or otherwise , by colour of buying , or making provision or purveyance for his Majesty , or any Quéen of England for the time being , or of any the Children of any King or Quéen of England that shall be , or for his , their , or any of their Houshold , shall take any Cart , Carriage or other thing whatsoever of any the Subjects of his Majesty , his Heirs or Successors , without the free and full consent of the Owner or Owners thereof , had and obtained , without Menace or Enforcement , nor shall summon , warn , take , use or require any of the said Subjects to furnish or find any Horses , Oxen , or other Cattel , Carts , Ploughs , Wayns , or other Carriages , for the use of his Majesty , his Heirs or Successors , or of any Queen of England , or of any Child or Children of any of the Kings or Quéens of England for the time being , for the carrying the Goods of his Majesty , his Heirs or Successors , or the said Quéens , or children , or any of them , without such full and free consent as aforesaid , Any Law , Statute , Custom , or Vsage to the contrary notwithstanding : Be it notwithstanding Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , and by the Authority of the same , That from and after the Four and twentieth day of June , in the year of our Lord , How carriages shall be provided for his Majesties Navy and Ordnance . One thousand six hundred sixty and two , as often as the Service of his Majesties Navy , or Ordnance , shall require any Carriages by Land within the Kingdom of England , and Dominion of Wales , and Town of Berwick upon Tweed , upon notice given in writing by Warrant under the hand and seal of the Lord High Admiral of England for the time being , or under the hands and seals of two or more of the principal Officers or Commissioners of his Majesties Navy , or under the hand and seal of the Master of his Majesties Ordnance for the time being , or under the hand and seal of the Lieutenants of his Majesties Ordnance , for the providing of Carriages for the respective service of the Navy or Ordnance , unto two or more Iustices of the Peace dwelling near unto the place where the said Iustices of the Peace may , and shall immediately issue forth their Warrants to such of the adjacent Parishes , Hundreds or Divisions , as they shall judge fit within their respective Counties and Divisions , not being above Twelve Miles distant from the place of lading , for the sending to a certain place , and at certain times ( to be specified and appointed in the said Warrants ) such numbers of Carriages with Horses or Oxen sufficient for the said service , as by the Lord high Admiral of England for the time being , or by the Master or Lieutenant of his Majesties Ordnance for the time being , or by the principal Officers or Commissioners of his Majesties Navy respectively as abovesaid , shall be by writing under their hands and seals required ; the Owners of which Carriages , or their Servants , The rates allowed for carriages . shall receive for every Load of Timber per mile , one shilling , for every reputed mile which they shall go laden ; and for other Provisions , the summe of eight pence per mile for every Tun they shall carry .

And be it further Enacted by the Authority aforesaid , That it may and shall be lawful for the Lord High Admiral of England for the time being , by Warrant under his hand and seal , and also for the principal Officers and Commissioners of his Majesties Navy , by Warrants under the hands and seals of any two or more of them , as also for the Master of his Majesties Ordnance for the time being , by Warrant under his hand and seal , and also for the Lieutenant of his Majesties Ordnance , by Warrants under the hands and seals of either of them , as often as the service of his Majesties Navy or Ordnance respectively shall require any Carriage by Water , Impressing of persons , ships , vessels for carriages . to appoint such person or persons as they shall judge fitting , to Impress and take up such Ships , Hoys , Lighters , Boats , or any other Vessel whatsoever , as shall be necessary for the Accommodation of his Majesties said service ; the Owners of which said Ships , Hoys , Lighters , Boats , or other Water-Carriage aforesaid , or such as they shall appoint , shall receive for the hire of every such Ship , Hoy , Lighter , Boat , or other Vessel per Tun , according to the Rates usually paid by Merchants from time to time ; And in case his Majesties Officers , and the Owners of such Ships , Hoys , Lighters , Boats , or other Vessels , shall not agree on the said rates , then the rate to be setled by the Brotherhood of Trinity-house of Deptford-Strand .

And be it further Enacted by the Authority aforesaid , Penalty upon such as neglect or refuse . That in case any of his Majesties Subjects of this Realm shall refuse , or wilfully neglect , after reasonable notice , to make their appearance with such sufficient carriages by Land , or to fit , provide and furnish their Ships , Hoys , Lighters , Boats or other Vessels , for the service of his Majesties Navy or Ordnance , as is before expressed ; or shall , after they have undertaken such service , neglect or delay the same , that then upon due proof and conviction of such refusal or neglect by the Oath of the Constable or other Officer , or two other credible witnesses before the said Iustices of Peace of the County , or Mayor , or other chief Officer of the City or Corporation , where he or they inhabit ( which Oath they shall have power to administer ) for the Land-Carriages ; and for the Water-Carriages , by the Oath of such person as shall be appointed by the Lord High Admiral , the principal Officers or Commissioners of his Majesties Navy , the Master of his Majesties Ordnance , or the Lieutenant of his Majesties Ordnance , as aforesaid , or other two credible witnesses , before the principal Officers or Commissioners of his Majesties Navy , or Master or Lieutenant of his Majesties Ordnance respectively , ( which Oath they shall have likewise power to administer ) the Party so refusing or neglecting , shall for every such refusal or neglect , forfeit the sum of Twenty shillings for the Land-carriage , and for Carriage by Water , treble the freight of such Ship or Vessel , not excéeding Fifty pounds in the whole , to the Kings Majesties use , to be forthwith levied in default of payment upon demand , by distress and sale of his Goods and Chattels by Warrant from the said Iustices of the Peace , Mayor , or other chief Officer , or from the principal Officers or Commissioners of his Majesties Navy , or Master or Lieutenant of his Majesties Ordnance respectively , ( rendring to the Parties the overplus ) upon every such Sale ( if there shall be any ) the charge of distraining being first deducted .

The time of continuance in the service . Provided always , that no Horses , Oxen , Cart , Wayn , or other Land-Carriage shall be enforced to Travail more days Iourney from the place where they receive their lading , or be compelled to continue longer in the imployment , then shall be appointed by the Order of the said Iustices of the Peace , and that ready payment shall be made in hand for the said Carriages at the place of lading without delay , Present payment to be made . according to the aforesaid Rates .

Provided always , That in case any Iustice of the Peace , Mayor , chief Officer , or Constable , or any person or persons , which shall be appointed by the Lord High Admiral , the principal Officers , or Commissioners of his Majesties Navy , the Master of his Majesties Ordnance , or the Lieutenant of his Majesties Ordnance , as aforesaid , respectively , shall take any gift or reward to spare any person or persons , No gifts or rewards may be taken by Iustices of the Peace to spare any person . from making such carriage by Land , or by Water , or shall injuriously charge or grieve any person or persons through envy , hatred , or evil will , who ought not to make such carriage , or shall impress more carriages then the necessity of the service shall require , or then he shall be commanded to impress by his Superiours , That then upon due proof and conviction thereof , the party so offending , shall forfeit the sum of Ten pounds to the party thereby grieved , The penalty , and how to be recovered . who may sue for the same to be recovered by Action of Debt , in any of his Majesties Courts of Record , wherein no Essoign , Protection , or Wager of Law shall be allowed : And in case any person or persons shall presume to take upon him or them to impress any Horses , None may impress other then persons impowered as aforesaid . The penalty . Oxen , Wayns , or Carriages for Land ; or any Ships , Hoys , Lighters , Boats , or other Vessel , for the service of his Majesties Navy or Ordnance , other then the Persons so impowered as aforesaid , then he or they so offending , shall upon due conviction of the said offence incur and suffer the punishment in the first recited Act.

Ships and vessels fraighted by charter-party exempted . Provided always , and be it Enacted , That no Ship , Hoy , Barque , or any other Vessel whatsoever , that shall be really , and bona fide , fraighted by Charter-Party , if there be other Vessels in the Port fitting for the Service , nor any Vessel quarter laden with any Goods , Wares or Merchandises outward bound , shall be lyable to be Impressed for any the Services aforesaid ; Any thing in this Act to the contrary notwithstanding .

The continuance of this Act. Provided , That this Act , and the Powers therein contained , shall continue and be in force , untill the end of the first Session of the next Parliament , and no longer ; Any thing herein contained to the contrary in any wise notwithstanding .

Inhabitants of the new Forest of Southampton . Provided nevertheless , That in regard of the more then ordinary charge and burden which the Inhabitants of New-Forest in the County of Southampton , will be liable unto , by reason of the great quantities of Timber usually felled and carried thence for the use of His Majesties Navy ; It shall and may be lawful for the Iustices of the Peace , who shall by Warrant summon the Carts and Carriages within the Division of the New-Forest in the County of Southampton aforesaid , to have power ( as to the Carriage of Timber onely ) to allow as aforesaid to the several Owners of such Carts and Carriages , not excéeding Four pence per mile , for so many miles as any Cart or Carriage so summoned shall go empty to the place of its lading ; Any thing in this Act contained to the contrary in any wise notwithstanding .

CAP. XXI .

For preventing the unnecessary Charge of Sheriffs , and for ease in passing their Accompts .

WHereas the Office of Sheriff as well by reason of the great and unnecessary Charges in the time of Assises , and other publick méetings , as by the tedious attendance and charge of Sheriffs in passing of their Accompts in the Exchequer , hath of late years béen very burthensome to the Gentry of this Your Realm , who in the late times of Tyranny and Oppression have béen great Sufferers , and thereby much Impoverished in their Estates and Fortunes , for remedy wherein Your Majesties most Loyal Subjects , the Knights , Citizens and Burgesses assembled in Parliament , do most humbly beseech Your most Excellent Majesty , that it may be Declared and Enacted , And be it Declared and Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spirituall and Temporall , and the Commons in this present Parliament assembled , and by the Authority of the same , That no Person or Persons being duly sworn into the Office of Sheriff , for any County or Shire within this Your Majesties Realm , shall from and after the First day of February next ensuing ,

Sheriffs at the Assises may keep no tables for others then of their own Family and Retinue .

Nor make no present or gift to any Iudge of Assise .

The number of Servants with Liveries in England . Wales .

Penalty of 200 l.

in the time of the Assises held for the said County or Shire during his or their Sherifalty , kéep , or maintain , or cause to be kept or maintained one or more Table or Tables , for Receipt or entertainment of any person or persons resorting to the said Assises , other then those that shall be of his own Family or Retinue ; nor shall make , or send in any Present to any Iudge , or Iudges of Assise for his , or their provision , nor give any gratuity to his or their Officers or Servants , or any of them ; And also that no Sheriff shall after the said first day of February have more then Forty Men-servants with Liveries , attending upon him in the time of the said Assises , nor under the number of Twenty Men-servants in any County whatsoever within the Kingdom of England , nor under the number of Twelve Men-servants in any County within the Dominion of Wales , upon pain that every Sheriff offending in any of the premisses contrary to the true meaning hereof , shall forfeit for every default the sum of two hundred pounds .

Provided that nothing before in this Act contained shall in any wise extend unto , Proviso for Sheriffs of London , Middlesex , Westmerland , and Cities & Counties . or any ways concern the Sheriffs of the City of London and Middlesex , and the Sheriff of Westmerland , or either of them , or any of the Sheriffs of or belonging to any City and County , or Town and County within this Realm ; but that the same Sheriff or Sheriffs shall , or may do as heretofore hath béen used or accustomed within the said County of Middlesex , and Cities of London and Westminster , and such other Cities and Counties , or Towns and Counties aforesaid ; Any thing herein before contained to the contrary in any wise notwithstanding . How Sheriffs shall be eased in passing their accompts in the Exchequer .

And to the end that Sheriffs may for the time future be eased of the great charge and trouble which they heretofore have béen put to in passing their Accounts in the Exchequer , occasioned partly in regard that divers sums of money have stood charged upon them in gross , without expressing from what persons , for what cause , or out of what Lands or Tenements the same are to be particularly levied , or out of what particulars the said sums in gross do arise ( whereby it cometh to pass that the said Sheriffs do still stand charged in gross with divers sums of money , which were heretofore payable by Abbots , Priors , persons attainted , and such other persons , whose Estates have since come to the Crown , or are otherwise discharged or illeviable ) and partly by the Accompt of Seizures or Foreign Accompt , and by the exaction of undue Fées of Sheriffs upon their apposal concerning the same .

For the preventing whereof , and for the future ease of Sheriffs in passing their Accompts ; Seizures of Lands remaining charged Michaelmas , 1660. Be it Enacted and Declared , That from henceforth every Seizure for or concerning any Lands , Tenements , and Hereditaments now remaining charged in the Foreign accompt of any Sheriff or Sheriffs within the Kingdom of England for the year ended at Michaelmas , One thousand six hundred and sixty , shall be from the said Foreign accompt charged particularly in the great Roll of the Exchequer ; And that the several Remembrancers of the said Court , or their respective Deputies do in their respective Officers forthwith , Seizures hereafter taken or returned . and so from time to time for the future write , and make true and perfect Copies of all and every such other Seizure , and Inquisition as already are , or hereafter shall be certified into their respective Offices , without certifying the Copy of the Writ , or Commission at large upon which such Seizure or Inquisition is , or shall be so taken or returned , mentioning only in brief the Date of the said Writ or Commission , and shall deliver the said Copies well and truly examined and attested under his or their Hands , to the Engrosser of the said great Roll ; And that all such of the said Seizures and Inquisitions as now are returned into any of their respective Offices shall be delivered before the first day of February next coming : And that all such other seizures as shall hereafter be returned , or certified into their respective Offices shall be delivered so examined and attested as aforesaid to the said Engrosser before the first day of the next Term , after the said Remembrancers shall have received the same , so as the same may be charged in the great Roll ; To the end that the Processe of the Court may from thence issue for levying the Issues and Profits thereof to the use of the Crown , unto which said Remembrancers or their Deputies shall be from time to time paid for every Sheet which they , or their respective Clerks shall so write and deliver , the sum of eight pence , Fees to the Remembrancers . the same to be paid unto them by the aforesaid respective Sheriffs , who shall be allowed the same by the Barons upon their respective Accompts out of the Issues and Profits arising out of the Premisses so seized ; and no Sheriff or Sheriffs for this persent year , One thousand six hundred sixty and one , Sheriffs shall not answer illeviable seizures , Farm , Rents , &c. nor any Sheriff or Sheriffs to be hereafter made or appointed within this Kingdom of England shall be charged in accompt to answer any illeviable Seizure , Farm , Rent , or Debt , or other Seizure , Farm , Rent , Debt , matter , or thing whatsoever which was not writ in Processe to him or them to be levied ; wherein the persons of whom , or the Lands or Tenements out of which , together with the cause for which the same shall be so levied , shall be plainly and particularly expressed , but shall be thereof wholly discharged without Petition , Plea , or other trouble , or charge whatsoever .

And it is hereby further Enacted and Declared , Seizures before 1 Jac. and divers others to be left out of the Sheriffs accompt . That all Seizures heretofore made before the first Year of the Reign of the late King James of ever blessed memory , now remaining in the Accompts of the Sheriffs , and all Seizures and Debts which are pardoned shall be , and are hereby fully discharged ; And that the same and every of them shall hereafter be left out of Sheriffs accompts without further Order , Plea , Petition , or other Charge to any Sheriff or Sheriffs whatsoever ; And that no Processe shall from henceforth be written forth to any Sheriff for the levying of the same , or any of them , nor for any other Rent or Farm , which cannot be explained by setting forth the particulars thereof , or which have been unanswered by the space of forty years last past ; And that all other dead Farms and Seizures , and all desperate , illeviable , and unintelligible Debts shall be removed out of the Annual Roll , and Sheriffs Charge , into the Exannual Roll , there to remain , untill by Commission they shall be revived and made answerable .

Process for Debts to be sent forth in convenient time . And to the end , that all new Debts arising and coming into the Exchequer for the future may be sent forth in Processe within convenient time ; Be it also Enacted and Declared , That the aforesaid several Remembrancers do forthwith inrol and certify to the said Ingrosser of the great Roll , all such Debts as any Sheriff or Sheriffs of this Realm are , or hereafter shall be charged withall , either by vertue of their respective Retorns made to the Barons of the said Exchequer upon his Majesties Writs of Fieri facias , Levari facias , Capias , or other Processe ; and also of all Fines and Amerciaments which are or shall be set and imposed by the Court of Exchequer upon any Sheriff or Sheriffs for his or their contempts or neglects ( that is to say ) That all and every such Debts , Fines , and Amerciaments as now are returned , set , or imposed in any of the said Offices , shall be delivered as aforesaid , before the First day of February next ensuing : And all such Debts , Fines and Amerciaments as shall hereafter be returned , set , or imposed in any of the respective Offices shall be also delivered by the First day of the next Term , after such Retorns made , The penalty upon officers for doing any thing against this Act. or such Fines or Amerciaments so set , or imposed , that so they may be all charged in the Sheriffs Accompts respectively , and comprehended within his or their Quietus est , upon pain that every Officer or Officers in the said Exchequer , who shall in any thing offend contrary to this present Act , shall forfeit the sum of Forty pounds for every such offence , whereof one moyety shall be to the King , his Heirs and Successors ; and the other moyety to the party or parties who shall be thereby agrieved , to be recovered by Action of Debt , Bill , Plaint , or Information , in any of his Majesties Courts at Westminster , wherein no Essoin , Protection , Priviledge or Wager of Law shall be allowed or admitted .

9 E. 2. St. Lincoln . 4 E. 3. cap. 9. 5 E. 3. cap. 4. And it is hereby further Provided and Ordained , That no person shall be assigned to be Sheriff of any County within this Realm , except such as have Lands within the same County sufficient to answer the King and his people .

And whereas by an Act made in the One and twentieth year of the Reign of our late Soveraign Lord King James over England ; 21 Jac. cap. 5. It was provided , That whensoever any Sheriff upon passing his Accompts , A Quietus est to be a sufficient discharge for a Sheriff , if not questioned within four years after grant thereof . should have his Quietus est , that he should be thereby absolutely discharged of all sums of Money by him Levied and Received , and pretended not to be accompted for within the said Accompt , whereupon he had his Quietus est , unless such Sheriff should be called in question for such sums of Money so pretended to be Levied , and not Accompted for within four years after the time of such Accompt , and Quietus est ; which Act notwithstanding , divers Sheriffs and their Heirs , upon such pretences , have béen molested and troubled many years after their Accompts and Quietus est , and have had Process sent out against them , contrary to the true intent and meaning of the said Act ; It is hereby further Provided and Enacted , That when any Sheriff or Sheriffs within the Kingdom of England , or Dominion of Wales , upon passing their Accompts , shall have their Quietus est , that then such Sheriff and Sheriffs , their Heirs , Executors and Administrators , Lands , Tenements , Goods and Chattels shall be thereby absolutely discharged of all manner of sum or sums of Money whatsoever by them Levyed and Received , notwithstanding any such pretence that the same were not accompted for , or other pretence whatsoever , unless such Sheriff or Sheriffs shall be called in question , and that Iudgment shall be given against him or them for the same , within four years next after such Accompt , or Quietus est ; and that every Officer or Minister by whom , or by whose default any Writ or Process contrary to this Act shall be sent out , shall incur the like Forfeitures and Penalties to be recovered and inflicted by such persons , and in such manner , as by the aforesaid Act is provided .

Provided alwayes , That this Act or any thing therein contained , shall not extend to the Counties of Chester , Chester , Lancaster , Durham , Wales . Lancaster , Durham , or the Counties in Wales , being County-Palatines , as to their manner of accompting ; but that the Sheriffs therein shall accompt as formerly before the respective Auditors only , and not elsewhere .

Proviso touching the Kings Remembrancer .

Lord Treasurers , Remembrancer .

Provided , That this Act or any thing therein contained , shall not extend to enjoyn His Majesties Remembrancer , or the Lord Treasurers Remembrancer , to transcribe and deliver to the Ingrosser of the great Roll , any Inquisitions or Seisures , but such as have béen formerly charged in the Foreign Accompts of the Sheriffs ; but for all Inquisitions upon Attainders , or other Forfeitures to the Crown , the same shall be put in charge as heretofore they have béen , according to the constant usage and Decrée of the Court of Exchequer : Nor shall this Act , or any thing therein contained , extend to exclude His Majesties said Remembrancer , of , or from the writing forth Process for , or upon any His Majesties Debts , Duties , Outlawries , or other charge whatsoever , or Process of Levari facias , at the prosecution of any person or persons , to levy the Issues or Profits of any Lands or Tenements seised , or to be seised into the Kings hands , or Process of Venditioni exponas for Goods seised , or to be seised upon any Debt to His Majesty , His Heirs or Successors , or upon any Outlawry , or to alter or change the Pleadings , or other Procéedings heretofore used and accustomed in the said Office upon any Pleadings , touching the said Debts , Duties and Seisures , or any of them whatsoever ; And that no Debt , Duty , Fine , Amerciament or Seisure whatsoever , which shall be charged in the said great Roll of the Pipe upon any person whatsoever , by , or from any Record , Process or Procéeding had , made , filed , or recorded in the Office of His Majesties Remembrancer of his Exchequer , nor any Process or Procéeding thereupon to be had or made , by vertue of this Act , shall be respited , stayed , mitigated , extenuated , compounded , or otherwise discharged , but by Order , Warrant or Iudgment made , filed or entred in the said Office of His Majesties Remembrancer , where the original of such Debt , Duty or Charge , as aforesaid , is , and remaineth ; And that in case any Process of Summons of the Pipe have béen , or shall be awarded for , or upon any such Debt , Duty , Fine , Amerciament , or Seisure whatsoever , and the same Debt , Duty , Fine , Amerciament , or Seisure shall not , upon such Summons of the Pipe , be levied or answered unto His Majesty , That then the Clerk of the Pipe , or Engrosser of the Great Roll , shall the next Term after the return of such Summons , certifie the same in a Schedule into the Office of His Majesties Remembrancer aforesaid , to the end , that further Process may be from thence written forth , for the Levying and Answering thereof ; And that this Act , or any thing therein contained , shall not extend unto , nor be construed to be prejudicial to His Majesties Remembrancer in His Exchequer , in any just , ancient and lawful Fées by him claimed , or belonging , or incident to His Office , and usually had and received by him or his Predecessors ; Any thing in this Act contained to the contrary in any wise notwithstanding . The conttnuance .

This Act to continue to the end of the first Session of the next Parliament , and no longer .

CAP. XXII .

For Preventing of Theft and Rapine upon the Northern Borders of England .

VVHereas a great number of Lewd , Disorderly , and Lawless Persons , being Thieves and Robbers , who are commonly called Moss-Troopers , have successively for many and sundry years last past béen bred , resided in and frequented the borders of the two respective Counties of Northumberland and Cumberland , and the next adjacent parts of Scotland , and they taking the opportunity of the large waste Grounds , Heaths and Mosses , and the many intricate and dangerous Wayes and By-paths in those parts , do usually , after the most notorious Crimes committed by them , escape over from the one Kingdom into the other respectively , and so avoid the hand of Iustice , in regard the Offences done and perpetrated in the one Kingdom cannot be punished in the other .

And whereas since the time of the late unhappy distractions , such Offences and Offenders as aforesaid , have excéedingly more increased and abounded , and the several Inhabitants of the said respective Counties have béen for divers years last past necessitated at their own frée and voluntary charge to maintain several Parties of Horse for the necessary defence of their Persons , Families , and Goods , and to the end the aforesaid evil and pernicious members might be apprehended and brought to Iudgment ; And whereas the most part of the Inhabitants of the said Counties being more remote from the Borders then other parts , and consequently not so much exposed to imminent dangers as others , are therefore unwilling to contribute their proportionable parts of the aforesaid Charge , and yet notwithstanding it cannot probably or possibly be avoided , but that those Inhabitants of the respective Counties who hold themselves most secure , must certainly sustain much damage and detriment in their Goods and Estates , in case the aforesaid Moss-Troopers be not timely suppressed , but suffered to grow numerous , strong and potent , which they must néeds do in case there be no restraint upon them ; Be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spirituall and Temporall , and Commons in this present Parliament Assembled , and by Authority thereof , that from and after the Feast of St. Michael the Arch-angel , which shall be in the year of our Lord , One thousand six hundred sixty and two , for , and during the term of Five years next ensuing the date of this present Act , it shall and may be lawful for the respective Iustices of Peace of the said respective Counties , or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties , or either of them from time to time , as they shall sée occasion , to make an Order in open Court of Sessions for charging , according to their several Proportions , all , and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said severall Counties and Inhabitants thereof from all injury , violence , spoil , and rapine of the Moss-Troopers aforesaid .

Provided , That the said County of Northumberland be not by force of this Act at any time charged above the sum of Five hundred pounds in the year ; nor the said County of Cumberland charged above the sum of two hundred pounds in the year : And for this end and purpose , the said several Iustices of Peace of the respective Counties aforesaid , are hereby impowred and authorized at any their General Quarter Sessions aforesaid to appoint and imploy from time to time , if occasion require , any person or persons to have the Conduct and Command of a certain number of men , not excéeding the number of Thirty men in the County of Northumberland , and Twelve in the County of Cumberland , whereby the Malefactors aforesaid may be searched out , discovered , pursued , apprehended , and brought to tryal of the Law . And all and every the said Iustices of Peace of the respective Counties aforesaid , or the major part of them at any General Sessions of the Peace to be holden for the said Counties , or either of them respectively , are hereby further impowred and authorized by force of this present Act , to make , and issue forth their respective Warrants under their hands for the levying and collecting any sum or sums of money ordered to be paid for , and towards the safeguard and securing of the said Counties respectively as aforesaid ; and to give full power to the several Constables and other Officers , to raise , levy , and collect the said money , and all and every the Inhabitants of the said several Counties , according to their respective proportionable Estates in Lands or Goods , by Distress and Sale of Goods , rendering the overplus , if there be any , to the respective Owner or Owners : And the said Iustices of Peace in the said several Counties , or any one of them respectively , are hereby also authorized to examine any Complaint made against the Collectors and Constables , or any other Officers or Ministers of Iustice whatsoever , or any of them , or any other refractory person or persons whatsoever , that at any time hereafter shall refuse , neglect or fail to give obedience to this Act , or shall do any act or acts in disturbance or obstruction thereof , and to bind over such person or persons to the next Quarter Sessions , according to the known Laws of the Land ; to the end such person or persons may be procéeded withall according to Iustice .

And the said respective Iustices of Peace , as aforesaid , are hereby further Impowred and Authorized on behalf of the said several Counties respectively , to appoint a Treasurer to receive from the said Collectors the Moneys by them Collected , and to pay over the same according to the Orders they shall receive from the said Iustices at the General Sessions of the Peace to be holden for the said respective Counties : And the said Iustices are also Impowred to agrée and article with such person or persons yearly , as they shall think fit to imploy in the said Service , and to take sufficient Security of them for the faithful and most effectual performance thereof , for the best safeguard , advantage and benefit of the people , according to the true intent and meaning of this Act.

And in case any person or persons shall in pursuance of this Act be imployed in the Border-Service , and shall at any time hereafter wilfully and corruptly , or for any sinister respect whatsoever , neglect or forbear to Discover or Apprehend , or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid , and shall be convicted thereof according to Law , he or they shall from thenceforth be disabled , and made uncapable for ever after to manage or take upon him or them the said Imployment , and to suffer such Fine and Imprisonment , according to the quality of his or their offence , as the Iustices of Peace at their General Sessions shall think fit to inflict .

Provided nevertheless , and be it hereby Declared , That it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively , at any time hereafter , to moderate or lessen the said charge , if they sée cause .

Provided that this Act shall continue and be in force for five years , and no longer .

Provided always , and be it further Enacted by Authority aforesaid , That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland , or out of Scotland into England , 4 Jac. cap. 1. 7 Jac. cap. 1. the Statutes made in the several Sessions of Parliament , in the Fourth and Seventh years of King James , shall be revived and put in execution according to their true intent , 18 Car. 2. cap. 3. Continued for Seven years from the expiration of this Act.

CAP. XXIII .

An Additionall Act concerning matter of Assurance used amongst Merchants .

WHereas by an Act of Parliament made in the Thrée and fortieth year of the Reign of Quéen Elizabeth of happy memory , 43 El. cap. 12. Entituled , An Act concerning matters of Assurances used amongst Merchants : Encouragement of Merchants and Trade . The Parliament then taking into Consideration , by all good means to comfort and encourage the Merchants of this Kingdome , thereby to advance and increase the Wealth of this Realm , her Majesties Customs , and the strength of shipping , and for preventing of divers mischiefs in the said Act mentioned ; It was Enacted , That it should and might be lawful for the Lord Chancellor , or Lord Kéeper of the Great Seal of England , for the time being , to award forth under the Great Seal of England , one general or standing Commission to be renewed yearly at the least , and otherwise so often , as unto the Lord Chancellor , or Lord Kéeper should séem méet , for the hearing and determining of Causes arising on Policies of Assurance , such as then were , or then after should be entred within the Office of Assurance of the City of London ; which Commissions should be directed to the Iudge of the Admiralty for the time being , the Recorder of London for the time being , Two Doctors of the Civil Law , Two Common Lawyers , and eight grave or discréet Merchants , or any five of them , which Commissioners , or the greater part of them which should sit and méet , should have full Power and Authority to Hear , Examine , Order and Decrée all and every such Cause and Causes , in a brief and summary course without formalities of pleadings or procéedings , with Power to warn Parties to come before them , and to examine upon Oath any Witnesses that should be produced , and to commit to Prison any Person that should wilfully disobey their final Orders and Decrées ; And the Commissioners to sit once wéekly upon the Execution of the said Commission , with a liberty in the said Act for any person grieved by any such Sentence or Decrée , to exhibite his Bill in Chancery for the re-examination of such Sentence or Decrée , as by the said Act , relation being thereunto had , more at large may appear : But forasmuch as by the said recited Act , without five Commissioners there cannot be a Court , and without there be a Court , they cannot procéed in the execution of their Commission , so much as to summon Parties or Witnesses to appear ; And in case of neglect or refusal of any Party or Witness to appear , they have no power to punish the delay or contempt with Costs , or otherwise . And it is provided by the said Act , That not any Commissioner , other then the Iudge of the Admiralty , or the Recorder of London , shall procéed in the execution of such Commission , before he hath taken his Oath before the Lord Maior , and Court of Aldermen , to procéed uprightly and indifferently betwéen party and party , which upon the renewing of the said Commission , often proves a great delay , there being so many Commissioners to be Sworn , and the Court of Aldermen not sitting at sometimes in the year , when the said Commissions have happened to be renewed ; And although the said Commissioners upon their final Sentence have power to commit to Prison any person that shall wilfully disobey their said Sentences , or Decrées , yet they have no power to make any Order against the Ship or Goods , which commonly are the things assured , by which Omissions , for want of Power , given by the said Act , the benefits intended by the said Act of Parliament are much retarded , and the mischiefs by the Act endeavoured to be prevented , much increased .

For remedy whereof , Be it Enacted and Ordained , And it is hereby Enacted and Ordained by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled ; That from and after the Four and twentieth day of June , which shall be in the year of our Lord , One thousand six hundred sixty and two , it shall and may be lawful , to and for the Lord Chancellor , or Lord Kéeper of the Great Seal of England for the time being , Three Commissioners impowred to act . to issue out yearly ( or oftner if néed require ) one standing Commission under the Great Seal of England , thereby impowring and authorizing the said Commissioners , or any thrée of them ( whereof a Doctor of the Civil Law , or a Barrister at Law of five years standing at the least , to be always one ) to meet and sit , and make a Court , and procéed in all things in the execution of the said Commission , as before by the said Act any Five might have done ; And that the said Commissioners , or any such thrée of them as aforesaid , be and hereby are impowred to Summon Parties and Witnesses to appear , and in case of contempt or wilful delay in the Witnesses , upon the first Summons and tender of reasonable Charges , and in the Parties upon their second Summons , Costs . to punish the Offenders by Imprisonment or Costs for such time , and in such manner , as shall be reasonable , and according to the nature and quality of their offences ; And that it shall and may be lawful to and for every such Commissioner , to procéed in the execution of the said Commission , Lord Mayor of London may administer the Oath . having first taken an Oath before the Lord Mayor of the City of London for the time being only , to procéed uprightly and indifferently betwéen party and party ; And the said Lord Mayor is hereby Authorized to give such Oath , Any thing in the said Act to the contrary notwithstanding ; And that no person shall procéed in Execution of the said Commission , before he be first Sworn before the Lord Mayor of London for the time being , to procéed uprightly and indifferently betwéen party and party , as formerly he should have béen before the Lord Mayor , and Court of Aldermen .

Be it also Enacted by the Authority aforesaid , That in case the said Commissioners , Commissions out of the Admiralty Court to examine Witnesses beyond Sea . or any such thrée of them as aforesaid , shall find cause to examine Witnesses beyond the Seas , or any remote parts of his Majesties Dominions , for the clearing of any doubt or matter before them depending , that in such case by direction of the said Commissioners , or any such thrée of them , like Commissions or Process shall issue out of the Court of Admiralty , as have formerly béen for the purposes aforesaid , returnable before the said Commissioners ; And that the said Commissioners , or any such thrée of them , shall have also power to give and pass their final Sentence , Decrée , and Executions , as well against the body of the party evicted , or his goods , as also against the Executors and Administrators of such party so evicted ; And to Assesse Costs of Suit upon such person or persons , as shall be condemned by the Decrée of the said Court as to them shall séem Iust .

And forasmuch as many Witnesses ( as Sea-men and others ) come and spéedily go again to Sea , Witnesses going to see how to be examined before . before a Court can be summoned , by which means the Assured , and Assurers , are many times much damnified ; For the preventing of which mischief , Be it also Enacted by the Authority aforesaid , That it shall and may be lawful , to and for any one of the said Commissioners to Administer an Oath to any Witness legally summoned to give testimony , ( timely notice being thereof given to the Adverse party , and set up in the Office before such examination ) to the end such Witness or Witnesses may be cross-examined .

Provided always , That the said Commissioners shall in no case procéed both against person and goods , for one and the same debt ; And provided also , Appeal to the Chancery . That any thing in this Act contained shall not in any wise extend to prejudice the appeal to the High Court of Chancery , given or allowed in the said former Act of Parliament .

CAP. XXIV .

An Act Declaratory concerning Bankrupts .

WHereas divers Noblemen , Gentlemen , and persons of quality , no ways bred up to Trade or Merchandize , do oftentimes put in great stocks of money into the East-India Company , or Guiney Company , and the Fishing Trade , and such other publike Societies , and receive the procede of those Stocks sometimes in ready monies , sometimes in Commodities , which they usually sell for money , or exchange again , by which means the Trade of those Companies is much incouraged , Fishing , and Navigation increased , and the publike good of the whole Kingdom very much advanced .

34 H. 8. cap. 4. 13 El. cap. 7. 1 Jac. cap. 15. 21 Jac. ca. 19. Notwithstanding which great advantage to the publike , there hath béen lately some opinion conceived that such persons may , and ought to be made subject to the Statutes provided against Bankrupts ;

For the better declaring and explaining the Law therein , and to the end such persons may not be discouraged in those Honourable endeavours for promoting publike undertakings : Be it declared and Enacted by the Kings most Excellent Majesty , with the Advice and Assent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , and by the Authority of the same , No persons for putting in money to the East-India or Guiney Company , or the Fishing Trade , shall be esteemed a Trader within the Statute of Bankrupts . That no person or persons whatsoever , who have adventured , or put in , or who hereafter shall adventure , or put in any sum or sums of money , in the said East-India Company , or Guiney Company , or into any joynt stock , or stocks of money by them or either of them , made or raised , or to be made and raised , for and towards the maintaining and carrying on the Trade by the said East-India Company , or Guiney Company , managed , or to be managed , or who have formerly , or shall hereafter adventure or put in any sum or sums of momey into any stock or stocks of money , for the managing and carrying on of the said Fishing Trade , or the Trade now called the Royall fishing Trade , and shall receive and take his or their part , or dividend of Fish , Goods or Merchandizes in specie , and shall sell , or exchange the same , shall for or by reason onely of such adventure of moneys so put into the said East-India Company , or Guiney Company , or into any Stock or Stocks , for and towards the said Fishing Trade , or for , or by reason only of the receiving and taking such Fish , Goods , and Merchandizes in Specie , or selling for money , or exchanging the same again , be Adjudged , Taken , Estéemed or Reputed a Merchant or Trader within any Statute or Statutes for Bankrupts , or be lyable to the same . Proviso for other Trading .

Provided always , and it is hereby Declared , That every person or persons who shall Trade , Traffique , or Merchandize in any other way or manner , then in the said Royal Fishing Trade , or the Trade managed by the said East-India Company , or the Guiney Company as aforesaid , shall for and by reason of his and their Trading , Traffiquing , and Merchandizing , be liable to Commission and Commissions against Bankrupts , as fully to all intents and purposes , and not otherwise , as if this Act had never béen made , Any thing in Act to the contrary notwithstanding .

The Iudgment concerning Sir John Wolstenholme made void . And be it further Enacted , That a Verdict and Iudgment in Replevin heretofore had , or given in the Term of Easter , in the Year One thousand six hundred fifty thrée , in the Kings Bench , betwixt Phineas Andrews Plaintiff , Richard Woolward , and William Meggs Defendants , whereby Sir John Wolstenholme Knight , an Adventurer in the said East-India Company , was adjudged , and found lyable to a Commission of Bankrupts only , for and by reason of a share he had in the Ioynt-Stock of the said Company , and a pretended selling for money part of the return which he had in Specie for his said Adventure shall be , and is hereby declared contrary to Law , and is hereby reversed , Proviso for Purchasors in the Case of Sir John Wolstenholme . and made void and null .

Provided always , and be it Enacted , That no Act , Sale , or Disposition of any the Lands , Tenements , Hereditaments , Goods , Chattels , Debts , or Credits of the said Sir John Wolstenholme , or any distribution of the same , or of any money heretofore made or done by the Commissioners of Bankrupts , or any claiming under them , or any of them by vertue or colour of any Commission or Commissions taken out against the said Sir John Wolstenholme ; and whereof any person or persons is by vertue or colour of , or under any such Act , Sale , or Disposition actually seised or possessed , shall be hereby impeached , or frustrated , but that the same be injoyed for and toward satisfaction of the Debts , for which the same have béen disposed or distributed .

CAP. XXV .

For Restoring of all such Advowsons , Rectories , Impropriate Gleeb-Lands and Tithes to his Majesties Loyal Subjects , as were taken from them , and making void certain charges imposed on them upon their Compositions for Delinquency , by the late Usurped Powers .

VVHereas many Loyal Subjects of our late Soveraign Lord King Charles the First , and of the Kings Majesty that now is , were upon pretence of Delinquency for adhering unto , and faithfully serving their said Majesties according to their Duty and Allegiance , enforced and constrained by the pretended power of the Long Parliament , not onely to part with great sums of money in satisfaction of the said supposed Delinquency , but likewise to settle all , or part of such Advowsons , Rectories , Gléeb-Land and Tithes , Estates and Terms , as they , or any in trust for them were then seised or possessed of , and to make Grants and Assurances of Rents and Annuities to and upon such Trustées as were appointed by the said Long Parliament , as well for the augmentation of certain Vicarages , as for the use and maintenance of Preaching Ministers and Lecturers , without any valuable consideration given for the same , other then some abatement of those excessive Fines imposed upon them for their pretended Delinquency , and exacted from them by those arbitrary powers , to the impoverishing and undoing of many of the Kings most Loyal Subjects ; Be it therefore Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by Authority of the same , That all Grants , All Estates made by pretended Delinquents of Advowsons , Rectories , &c. for Compositions , made void . Feoffments , Bargains and Sales , Releases , Confirmations , and other Conveyances and Assurances in the Law , of any higher or lower nature whatsoever had , or made by any such pretended Delinquents , their Heirs , Executors or Administrators , or by any person having any Estate or Interest in Law or Equity in Trust for them , or by any other person or persons , having any Estate or Interest joyntly , or in common with them , or in Reversion or Remainder after them , to any person or persons , Bodies Politick or Corporate of any such Advowsons , Rectories Impropriate , Gléeb-Lands , Tithes , Estates , Terms , Annuities and Rents , as aforesaid , to , or for the uses aforesaid , as part or in full of their Compositions for such pretended Delinquency as aforesaid , and all Securities touching or concerning the same onely , Saving other Rights . be and are hereby adjudged from henceforth null and void in Law to all intents and purposes whatsoever ; Saving to all persons other than the said Trustées , and their Heirs , and all claiming under them , all right to the said Rectories and Premisses as hath accrued unto them before the Ninetéenth day of May , One thousand six hundred sixty and two .

And be it further Enacted by the Authority aforesaid , That all Tenants , Lessées , How Tenants and Lessees under such Estates shall pay their Rents . and Occupiers of all such Advowsons , Rectories Impropriate , Gléeb-Lands , Tithes , and premisses so granted , or setled , to or upon such Trustées as aforesaid , for the uses or purposes aforesaid , shall pay all such Rents as shall hereafter grow due and payable to such persons onely unto whom the right , and interest of and in the same Advowsons , Rectories , Gléeb-Lands , Tithes and premisses before the said Conveyances or Assurances ( intended to be annulled and made void by this present Act ) did , or should of right belong or appertain .

And whereas the said Conveyances and Assurances in and by this Act intended to be made void , were some of them of Estates in Fée-simple , and some of them long Terms for years made to Trustées , Rents and sums appointed for augmentation of certain Vicarages . who redemiled the same at and under such yearly Rents and Sums of Money as were then appointed to be the Augmentation of certain Vicarages , or maintenance for preaching Ministers , since which time , many of the Rectories and Lands so Conveyed and Leased have béen absolutely sold , and the Redemises thereof granted and assigned by the Owners thereof , for the benefit of such purchasers ; Be it further Enacted and Ordained by this present Parliament , and by the Authority of the same , That the said Purchasers , their Heirs and Assigns shall pay , and the said former Owners of the said Lands and Rectories , their Executors , Administrators and Assigns , shall have , hold , and enjoy the said Rents and sums of Money so reserved ( for the Augmentation of the said Vicarages , and maintenance for Preaching Ministers ) upon the said several Redemises , and shall have the same , and the like remedies by Distress , or by Action of Debt for the recovery thereof , as the said Trustées who Redemised the same should , or might have had , if this Act had not béen made .

CAP. XXVI .

Abuses committed in the Weight and false Packing of Butter , Reformed .

FOrasmuch as Butter is one of the principal Commodities of the product of this Kingdom , and is not only of an universal use & Expence at home , The Contents of a Kilderkin of Butter . but very great quantities thereof are Transported beyond the Seas ; And whereas , by Custom time out of mind used , every Kilderkin of Butter ought to weigh One hundred thirty and two pounds gross at the least , that is to say , One hundred and twelve pounds of Neat Butter , and the Cask Twenty pounds ; The Firkin . The Firkin of Butter ought to weigh Sixty and four pounds , viz. Fifty and Six pounds of good & Merchantable Butter Neat , and the Cask Eight pounds ; And the Pot of Butter ought to weigh Twenty pounds , The Pot. viz. Fourtéen pounds of good and Merchantable Butter Neat , and the Pot Six pounds : And whereas great Complaint hath béen made by the Traders in Butter and Chéese , That by the Fraudulent dealing and practice of several Farmers , Owners , and Packers of Butter , and by their irregular manner of weighing with Stones , Iron Wedges , Bricks , and other unwarrantable Weights , the same quantities of Butter are not put up into the respective Cask and Pots aforesaid , and the Kilderkin is Commonly made to weigh Six and twenty pounds , and sometimes Eight and twenty pounds , and the Firkin to weigh Ten pounds or Twelve pounds , and sometimes Thirtéen or fourtéen pounds weight , and the Pots are made generally to weigh Seven pounds , and some of them Eight pounds or Nine pounds weight , and much bad and decayed Butter is mixed and Packed up into Kilderkins , Firkins , and other Cask , and Pots , with sound and Good Butter , and immoderate quantities of Salt intermixed to the spoil of the same , and to the great wrong and abuse of his Majesty in the Victualling of His Navy , of Merchants in the Victualling of their Ships , and of all Traders in the said Commodity , and of all Housholders who buy the same for their expence , and to the great dishonour of the English Nation , in the parts beyond the Seas , and to the bringing of the said Commodity into great disrepute abroad , whereby it yields not that price , nor is vented there , in such quantities , as otherwise it would .

For remedy whereof , Be it Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords Spiritual and Temporal , A Kilderkin of Butter shall contain 112 , l. besides the Cask . and Commons in this present Parliament Assembled , That from and after the First day of June , which shall be in the year of our Lord , One thousand six hundred sixty and two , every Kilderkin of Butter do and shall contain One hundred and twelve pounds Neat , or above , every pound containing sixtéen Ounces besides the Taxe of the Cask , The Firkin 56. l. and not less , of good and Merchantable Butter : Every Firkin and Butter do and shall contain Fifty six pounds Neat or above , besides the weight of the Cask , of good and Merchantable Butter ; and every Pot of Butter do and shall contain fourtéen pounds Neat , or above , besides the weight of the Pot , The Pot 14. l. of good and Merchantable Butter : And that no Butter which is Old or Corrupt shall be mixed or packed up into any Kilderkin , Firkin , or other Cask , Vessel or Pot whatsoever with any Butter which is New and Sound , No old Butter shall be mixed with new . nor any Whay-Butter shall be packed or mixed with any Butter that is made of Cream , but that the said respective sorts of Butter shall be packed up severally and apart by themselves , and shall not be mixed one with another , and that every Cask or Pot of Butter shall be of one sort and goodness throughout such Cask and Pot , Nor Whay-butter . and that no Butter shall be salted with any great Salt , but that all Butter shall be salted and saved with small Salt , nor more Salt shall be intermixed with it , then shall be néedful for its preservation , The penalty . upon pain and penalty that every Owner , Farmer or Packer of Butter not putting up in each Kilderkin , Firkin and Pot of Butter to be sold , or to be exposed to sale respectively , such quantities as aforesaid , or offending in false packing as aforesaid , for every such offence shall forfeit the value of all the Butter so false packed , and for every offence where any Kilderkin , Firkin or Pot shall be found to contain a lesser quantity of Butter , then by this Act is appointed , six times the value of every pound of Butter , that shall be wanting in any such Cask or Pot.

And to the intent that the benefit intended by this Act may be extended with full effect to all persons who do either cut out Butter by Retail , or expend it , Be it further Enacted by the Authority aforesaid , That every Chéese-monger or other person whatsoever which shall sell to any person or persons any Kilderkin or Kilderkins , Firkin or Firkins , Pot or Pots , or other Cask of Butter made after the said First day of June , Cheese-mongers and all sellers of butter by the Kilderkin or &c. shall deliver the full quantity to the Retailer . which shall be in the year of our Lord One thousand six hundred sixty and Two , shall deliver in every such Kilderkin , Firkin , and other Cask and Pot respectively the full quantity and due quality appointed by this Act , and not less , or in default thereof shall be liable to make satisfaction to him or them that buy the same for what shall be wanting , according to the price for which the same was sold .

And be it further Enacted by the Authority aforesaid , That from and after the said First day of June , None shall repack butter . which shall be in the year of our Lord One thousand six hundred sixty and two no Chéese-monger or other person or persons whatsoever , shall repack for sale any Butter in any Kilderkin , Firkin , The penalty . or other Cask or Pot whatsoever , upon pain and penalty that every Chéese-monger or other person whatsoever which shall repack any Butter into any Kilderkin or Kilderkins , Firkin or Firkins , Cask or Casks , Pot or Pots , to sell the same again , shall for every Firkin , Cask or Pot so packed , forfeit the sum of Double the value of all such Butter .

And for the better discovery of all frauds and abuses which shall be committed against this Act , Be it further Enacted by the Authority aforesaid , That every Farmer and other person & persons , packing up Butter in Kilderkins , Firkins or any other Cask whatsoever for sale , do from & after the said First day of June , which shall be in the year of our Lord One thousand six hundred sixty two pack up his Butter into good & sufficient Cask , Farmers and other sellers shall set their marks of the weight upon good and sufficient Casks . made of sound , dry & well-seasoned Timber , and shall set upon every Firkin and Cask whatsoever , when the same is throughly and fully seasoned in water , a continuing visible mark of the just Weight of the empty Cask , and do likewise set upon every Kilderkin , Firkin and Cask , when the same is filled with Butter , the first Letter of his or their Christian name , and his or their Sirname at length , with an Iron brand , upon pain and penalty that every Farmer or other person or persons whatsoever offending in not putting on the Mark of such Weight of Kilderkin , And their names . Firkin or other Cask , after seasoning , or not setting the first Letter of his or their Christian name , and his or their Sirname at length , on every Firkin and Cask as aforesaid , shall for every such offence respectively forfeit the sum of Ten shillings for every Hundred weight of Butter , and so proportionably for a greater or lesser quantity that shall be in every such Cask .

Potters shall set their weight of every pot burnt , and their names . And be it further Enacted by the Authority aforesaid , That every Potter shall set upon every Pot which he shall sell for packing up of Butter , the just weight which shall be of every such Pot when it is burnt , together with the first Letter of his or their Christian name , and his or their Sirname at length , upon pain and penalty that every Potter which shall not so do , shall forfeit & pay for every Pot which he shal expose to sale for the use aforesaid , whereupon he shall not have first set the just Weight , and the first Letter of his Christian name , and his Sirname at length as aforesaid , the sum of One shilling ; and that no Farmer or other person whatsoever shall expose to sale any Butter packed up in any other Pot than such as shall be marked by the Potter as aforesaid , upon penalty of Two shillings for every Pot of Butter which he shall expose to sale as is not so marked ; all and every of which said Offences are to be enquired of , sued for , heard and determined in the Sessions of Peace for the County , City , Borough , Town or Liberty , or in the Court of Record of the City , Borough , Town or Liberty wherein such offence shall be committed , by Action of Debt , Indictment , Information , or Presentment , How to be disposed . wherein no Essoign , Protection , or Wager of Law shall be allowed to the Defendant ; and the one half of all such Forfeitures shall be to the use of the poor people inhabiting within the Parish where such offence shall be from time to time committed , to be paid to the Church-Wardens and Overséers of the poor of and in such Parish , and the other half to him or them that will sue for the same , Double Costs besides his double Costs thereby expended .

Provided , That every Suit and Information which shall be brought upon this Act , Within what made suit must be begun upon this Act. shall be commenced within four moneths after the sale of such Butter .

CAP. XXVII .

For Repairing of Dover-Harbour .

WHereas it is found by long experience , that Dover-Harbour is and hath béen of very great use and benefit to the Merchants of this Realm , and others passing through the Narrow Seas , whereunto they have , and do enter , to avoid imminent danger of Tempests , Pirats , or the Common Enemy in time of War ; And whereas the said Harbour of late by Tempests , and the violence of the Sea hath béen much broken , ruined and decayed , and in great danger of being lost , unless timely prevented by repairing thereof , which cannot be without great charges and expences , as well in the present repair , as in the future maintenance of the same : whereof his Majesty being Informed , and minding the good and safety of Merchants and Sea-faring men , hath of late of his Majesties goodness and liberality , bestowed a great sum of money in , and about the repairing of the said Harbour , which yet is not sufficient to carry on that work , and to secure it for the future .

And to the end that the same may be from time to time maintained and kept in good repair for the use and benefit of Merchants , and Sea-faring men ; And that such provision for the maintenance thereof may now be made , 1 Jac. cap. 32. as by an Act of Parliament made in the First year of his Majesties Grand-father King James of ever blessed memory , hath béen formerly done and provided for : Be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament assembled , and by the Authority of the same , That from and after the Four and twentieth day of June next ensuing , during the space of seven years thence next following , there shall be paid by the Master , Duties payable at and towards the Repair of Dover-Harbour . or Owner of every Ship , Vessel or Crayer , whereof any of his Majesties Subjects of England shall be Owners , or Part-owners , of the burthen of Twenty Tuns or upwards , and not excéeding the burthen of Two hundred and fifty Tun , for every Voyage , Loading , or Discharging within this Realm , or to , or from any Foreign Countrey beyond the Seas , and passing to , or from London , or for , from , to , or by Dover , or coming into the Harbour there , not having a Cocquet testifying his payment before for the Voyage towards the Repair of Dover-Harbour , the sum of Thrée pence for every Tun of the burthen of every such Ship , Vessel , or Crayer ( except Vessels loaden with Sea-Coals , or Grind-stones , or Purbeck , or Portland-stone ) and for every Chauldron of Sea-coals , or Tun of Grind-stones peny half-peny , the same to be paid to the Customer , or Collector of Customs , or Subsidies , or their Deputies within this Realm , in such Port , from whence such Ship , Vessel , or Crayer shall set forth , or where such Ship , Vessel , or Crayer shall arrive , before they load or unload the Goods therein , The Accompt of the number of the said number of the said Tuns to be made according to the Entry of Goods in every Ship , Vessel or Crayer in the Custom-house , and no Entry thereof to be allowed in any Office of Customs or Subsidies , without true information before made by oath of the Master , Owner , or Shipper of such Ship , Vessel or Crayer concerning the burthen thereof , and payment by him made of the sums aforesaid , of which payment the Master , Owner , or Shipper paying the same , shall have allowance of the Merchants , according to the rate of the Goods in the same Ship , Vessel or Crayer by way of Average ; And the Customer or Collector , or his Deputy receiving the sums aforesaid , or any of them , shall disburse and pay the same from time to time to the Treasurer of the said Harbour for the time being , or such person or persons as he shall assign to receive the same , to be expended in and about the repair of the said Harbour ; And every Customer or Comptroller , or their Deputies , that shall make any Entries of Customs or Subsidies of any Goods in the said Ships , Vessels or Crayers , before such Information as aforesaid concerning the burthen thereof shall be made , or before payment made of the sums before limited to be paid by this Act , or shall make any wilful default in not collecting the said sums , or any of them , or not paying the same over from time to time to the Treasurer of the said Harbour for the time being , or such person or persons as he shall assign to receive the same as aforesaid , shall forfeit to the use of the Reparations of the said Harbour , Ten pounds for every such default , to be recovered by Action of Debt in any Court of Record , by the Warden and Assistants of the said Harbour for the time being ; in which Suit no Essoign , Protection , or Wager of Law shall be allowed .

Who shall inspect and oversee the Repairs . Provided alwayes , and be it Enacted by the Authority aforesaid , That it shall and may be lawful to and for the Master and Wardens of the Trinity-House of London for the time being , to appoint such person or persons as they shall think fit to inspect and oversée the repairs and works to be made for the security of the said Harbour ; And that they may once every year , during the term of seven years aforesaid , require an accompt of the respective Collectors of the Duties aforesaid , and the Treasurer for the said Harbour for the time being , of the moneys by them respectively received by vertue of this Act , and of the disbursments thereof : And if the said Collectors and Treasurer shall not within six wéeks next after demand of such Accompt , give in the same accordingly ; or if thereupon it shall appear that the said money shall not be duly disbursed in and about the said Repair and the Works , for the securing and maintenance of the said Harbour , according to the intent of this Act ; or if the said Harbour shall within the time aforesaid be sufficiently repaired and secured , That then the said Master and Wardens shall inform the Lords of his Majesties Privy Council thereof , who shall and may thereupon , and to that purpose are hereby impowred to suspend , or cause all and every further payments by vertue of this Act to cease and determine , if they shall sée cause .

Proviso for Ships belonging to Weymouth , Melcomb-Regis , Lime Regis . Provided always , and be it Enacted by the Authority aforesaid , That all Ships and Vessels belonging to the Ports of Weymouth and Melcombe-Regis , and Lime-Regis in the County of Dorset , having a Peire and Cob of their own , ( which by reason of their poverty at present they are not able to maintain ) shall be exempt from contributing or paying any thing to the Harbour of Dover mentioned in this Act ; Any thing herein contained to the contrary notwithstanding ; so as they shall bring Certificate made upon Oath before the Mayor , and under the Common Seal of the said respective Corporations , That the said Ships and Vessels do properly belong thereunto ; And that the Inhabitants of the said respective Corporations are Owners of the major part of the said Vessels .

Provided always , and be it hereby Enacted , That this Act or any thing herein contained , shall not extend to Authorize the Collection of more then the sum of Twenty two thousand pounds in the whole ; And then the said Collection to cease .

CAP. XXVIII .

Pilchard Fishing in the Counties of Devon and Cornwal , Regulated .

Fishery of great concernment to this Nation . WHereas the Publick Honour , Wealth and Safety of this Realm , as well in the the maintenance of Trade and support of Navigation , as in many other respects , doth in an high degrée depend upon the improvement and incouragement of the Fishery .

And forasmuch as of late years there have divers pernicious disorders and abuses , by the licentiousness of the times crept in , and yet continue evidently destructive to that Trade , for prevention and redress whereof there is no Law hitherto particularly provided , in the growing evils occasioned by Driving-Nets , and other fraudulent and injurious practises to the extream damage of the Fishery : Be it therefore Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in Parliament assembled , Times prohibited to Fish in Cornwall and Devon . and it is Enacted by the Authority aforesaid , That from and after the Five and twentieth day of May , One thousand six hundred sixty and two , no person or persons shall in any year from the First day of June , till the last of November , presume to take Fish in the high Sea , or in any Bay , Port , Créek , or Coast of or belonging to Cornwal or Devon with any Drift-Net , Trammel , or Stream-Net or Nets , or any other Nets of that sort or kind , Penalty . unless it be at the distance of one League and an half at least from the respective shores , upon the penalty of forfeiture of the said Nets so imployed , or the full value thereof , and one moneths Imprisonment without Bail or Mainprize . Pilchards and Fumathoes to be bought of the Owners and Adventurers in Fishing .

And it is hereby Enacted by the Authority aforesaid , That if any person or persons being neither Owners , Partners , or Adventurers in the Craft of Fishery , and in the Boats and Saynes thereunto belonging , or shall presume from and after the day before limited , to make , or cause to be made any Pilchards or Fumathoes in Cask to be Sold or Transported , except he or they shall openly buy the aforesaid Fish of the respective Owners , Partners , and Adventurers in the said Pilchard Craft , or with their express allowance , leave and consent , that they shall in such case forfeit all and singular such Pilchards and Fumathoes so made , and every Cask thereof , or their full value ; the one half to the King , and the other half to him or them that shall so sue for the same by Bill , Plaint , or other Information , and upon Legal proof recover the same .

And be it further Enacted , That if any Owner , Partner , or Company , or any other person or persons whatsoever , shall fraudulently purloyn , imbezel , hide , convey , carry away , or dispose by sale or otherwise , or cause to be purloyned , imbezelled , hidden , conveyed , carried away , or disposed out of the Nets , Boats , or Cellars , any Pilchard Fish without the express leave , consent and allowance of the proper Owner , and major part of the Company respectively , that then every such person and persons that shall offend therein upon legal evidence , shall pay treble the value in satisfaction to the parties so wronged , and be sent to the House of Correction for thrée moneths .

And be it further Enacted by the Authority aforesaid , Idle and suspicious flocking about Pilchard Boats to depart upon warning . That if any idle or suspicious person or persons shall in the night assemble and flock together about the Boats , Nets or Sellars belonging to any Pilchard-Craft , upon any the Coasts of Cornwal or Devon , having no business there to do , and being warned by the Company or Owner of such Boats or Sellars to be gone , that then upon complaint made unto any one Iustice of the Peace , every such person or persons refusing so to do , shall pay Five shillings to the poor of the Parish where such offence was committed , or shall be set in the Stocks for the space of Five hours .

CAP. XXIX .

An Act for the Reversing of the Earl of Strafford his Attainder .

WHereas Thomas late Earl of Strafford was Impeached of High Treason , The Reasons and Grounds of Repealing the Attainder . upon pretence of endeavouring to Subvert the Fundamental Laws , and called to a publick and solemn Arraignment and Trial before the Péers in Parliament , where he made a particular Defence to every Article objected against him ; insomuch that the Turbulent party then séeing no hopes to effect their unjust designs by any ordinary way and method of procéedings , did at last resolve to attempt the destruction and Attainder of the said Earl by an Act of Parliament , to be therefore purposely made to Condemn him upon accumulative Treason , none of the pretended Crimes being Treason apart , and so could not be in the whole if they had béen proved , as they were not , and also adjudged him guilty of constructive Treason ( that is ) of levying War against the King , though it was onely the commanding an Order of the Council-Board in Ireland , to be executed by a Serjeant at Arms and Thrée or Four Souldiers , which was the constant practice of the Deputies there for a long time ; To which end they having first presented a Bill for this intent to the House of Commons , and finding there more opposition then they expected , they caused a multitude of Tumultuous persons to come down to Westminster Armed with Swords and Staves , and to fill both the Palace-Yards , and all the Approaches to both Houses of Parliament with fury and clamour , and to require Iustice , spéedy Iustice against the Earl of Strafford ; And having by these and other undue practices obtained that Bill to pass in the House of Commons , they caused the Names of those resolute Gentlemen , who in a case of innocent blood had fréely discharged their consciences , being Nine and fifty , to be posted up in several places about the Cities of London and Westminster , and stiled them Straffordians and Enemies to their Countrey , hoping thereby to deliver them up to the fury of the people whom they had endeavoured to incense against them , and then procured the said Bill to be sent up to the House of Péers , where it having sometime rested under great deliberation , at last in a time when a great part of the Péers were absent by reason of the Tumults , and many of those who were present protested against it , the said Bill passed in the House of Péers ; And at length his late Majesty King Charles the First of Glorious memory , granted a Commission for giving his Royal assent thereunto , which nevertheless was done by his said Majesty with excéeding great sorrow then , and ever remembred by him with unexpressible grief of heart , and out of His Majesties great Piety he did pulickly express it when his own Sacred life was taken away by the most detestable Traitours that ever were .

For all which causes , Be it Declared and Enacted by the Kings most Excellent Majesty , by , and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , That the Act Entituled , An Act for the Attainder of Thomas Earl of Strafford of High Treason , and all and every Clause , Article and thing therein contained , being obtained as aforesaid , is now hereby repealed , revoked , and reversed .

And to the end that right be done to the memory of the deceased Earl of Strafford aforesaid ; Be it further Enacted , That all Records , and procéedings of Parliament relating to the said Attainder , be wholly cancelled , and taken off the File , or otherwise defaced and obliterated , to the intent the same may not be visible in after-ages , or brought into example to the prejudice of any person whatsoever .

Provided , That this Act shall not extend to the future questioning of any person or persons however concerned in this business , or who had any hand in the Tumults , or disorderly procuring the Act aforesaid ; Any thing herein contained to the contrary thereof notwithstanding .

CAP. XXX .

Madder shall be Imported pure and unmixed . REP. 15 Car. 2. cap. 16.

CAP. XXXI .

The Inconvenience by Melting the Silver Coyn of this Realm , prevented .

9 E. 3. cap. 3. WHereas by an Act made in the Ninth year of King Edward the Third it is Enacted , That no sterling Half-peny or Farthing shall be moulten to make Vessel , or any other thing by Goldsmiths , or any other , upon pain of forfeiture of the moneys so moulten ; 17 R. 2. cap. 1. Whereas by one other Statute made in the Seventéenth year of King Richard the Second , it was further Enacted , That no Groats or Half-groats shall be moulten by any man to make Vessel , or other thing thereof upon the same pain ; And whereas divers persons do elude the said Statutes , as well Goldsmiths as others , by melting Silver-Coyns of this Realm , above the value of Groats , to the great diminishing of the Silver-Coyn of this Realm , and the hindrance of the Commerce of the same : Be it therefore Enacted by the Kings most Excellent Majesty , by , and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament assembled , and by Authority of the same , That no person or persons whatsoever shall after the Twentieth day of December , One thousand six hundred sixty two , None shall melt currant Silver Money . The Penalty . wilfully melt , or cause to be melted any of the currant Silver-money of this Realm , upon pain not only of forfeiture of the same , but also of the double value of any such Coyn so melted ; the one half to his Majesty , his Heirs and Successors , the other half to the Informers , who shall sue for the same upon Action of Debt , Bill , Plaint , or Information in any of His Majesties Courts at Westminster ; in which no Essoign , Wager of Law , or Protection shall be allowed ; And moreover , That the said person or persons offending contrary to the Tenor of this Act ( if he or they be a Fréeman , or Fréemen , or priviledged person or persons of any City or Corporation within this Kingdom of England ) shall upon legal conviction for the same , be forthwith disfranchised and made uncapable of exercising the Trade of a Goldsmith , or any other Mystery by vertue of the Priviledges of the City or Corporation of which he or they are members ; And if the said person or persons offending , and convict as aforesaid , shall not be a Fréeman or Fréemen , or priviledged person or persons of any City or Corporation as aforesaid , then he or they shall suffer imprisonment without Bail or Mainprize for the space of Six moneths next ensuing his or their Conviction as aforesaid .

CAP. XXXII .

The Manufacture of Broad Woollen Cloth , within the West-Riding of the County of York , Regulated .

WHereas divers abuses and deceits have of late years béen had , and used in the Manufacture of Broad Woollen Cloth , made within the West-Riding of the County of York . and the spinning and deceitful working thereof , which tends to the great debasing and undervaluation of the said Manufacture , both at home , and also in Forreign parts where the same is usually vended .

For prevention of all which abuses and deceipts ; It is Enacted by the Kings most Excellent Majesty , by the Advice and Consent of the Lords Spiritual and Temporal , and Commons Assembled in Parliament , That from and after the next Monday after Easter , which shall be in the year of our Lord God , One thousand six hundred sixty and two , there be , and shall be , a Corporation to continue for ever within the said West-Riding of the County of York , consisting of all the Iustices of the Peace of the said West-Riding for the time being , A Corporation of Clothiers in the West-Riding of Yorkshire . Two Masters , Ten Wardens , Twelve Assistants , and Commonalty ; All which said Masters , Wardens , and Assistants , are to be of the ablest and best experienced Clothiers within the said West-Riding and such as have served , and béen brought up in the Trade and Mystery of Clothing , by the space of seven years , according to the Laws and Statutes of this Realm ; One of which said Masters , Five of which said Wardens , and Six of which said Assistants , shall be chosen the first Monday after Pentecost then next following , and from thenceforth to be yearly , and every year chosen upon the next Monday after Pentecost , at some publique place , by the Frée Clothiers of the said West-Riding , inhabiting within the Parish of Leeds in the said County of York , the greater part of them present at such Election ; and the other Master , Five Wardens , and Six Assistants shall be chosen upon the same days at some publique place , by the Frée Clothiers inhabiting out of the said Town and Parish of Leeds , or the greater part of them present at the said Election , of the parts adjacent within the said West-Riding ; And in case any of the said Masters , Wardens , and Assistants , after their said respective Elections do happen to die , that then it shall and may be lawful ; at any Court to be holden next after such Decease , to Elect others in their respective places ; And the said Wardens , Masters , and Assistants respectively , shall within eight days after their first Choice and Election , take the Oaths of Allegiance and Supremacy , which any two Iustices of the Peace within the West-Riding , whereof one to be of the Quorum , have hereby power to Administer , and also the ensuing Oath , ( Viz. ) I A. B. do swear , The Oath to be taken by the Master , Wardens and Assistants . That I will well , faithfully and honestly perform and discharge the Office of a Master of the Corporation of the Free Clothiers , according to the best of my Skill , Power , and Knowledge ; So help me God . And the like Oath , and Oaths , to be Administred to the Wardens and Assistants respectively , mutatis mutandis ; And for ever after , the said Iustices of the Peace , Masters , Wardens , and Assistants , and their Successors , or any Thirtéen of them , shall and have hereby power to Administer the like Oath or Oaths to such Officer or Officers , faithfully and honestly to perform and discharge his and their said Office and Offices , to which he or they are and shall be so chosen by this Act , at any Court to be by them holden in manner hereafter declared .

And it is further Enacted by the Authority aforesaid , That the said Iustices of the Peace , Who shall be of the said Corporation for ever and how called . Masters , Wardens , and Assistants for the time being , together with the said Frée Clothiers of the said West-Riding , shall for ever hereafter , in name and in fact , be one Body Politique and Corporate in Law to all intents and purposes , and shall have a perpetual Succession , and be called by the name of the Supervisors , Masters , Wardens , Assistants , and Commonalty of the Trade or Mysterie of Clothiers , for the well making of Broad Woollen Cloth , within the West-Riding of the County of York ; and that they shall be enabled to Plead and Sue , and to be Sued and Impleaded by that name , in all Courts and Places of Iudicature within this Kingdom ; And by that name , shall and may without Licence in Mortmain , purchase , take or receive any Lands , Tenements , or Hereditameats , of the Gift , Alienation or Demise of any person or persons , who are hereby without further Licence enabled to transfer the same , and any Goods and Chattels whatsoever , for the use and benefit of the Corporation aforesaid ( not excéeding the yearly value of Two hundred pounds : ) And for the better Regulation of the said Goverment of the said Trade and Manufacture , the said Iustices of the Peace , Masters , Wardens , and Assistants for the time being , or any Thirtéen of them , whereof there shall be One of the said Iustices , or One of the said Masters at the least alwayes present , shall have , Times and places of their meeting . and hereby have Power and Authority from time to time to méet , and kéep Court upon the first Saturday in every moneth in every year , for the ends in this Act mentioned , within the said Town of Leeds , at the place commonly called or known by the name of the Sessions-House , or Common Hall in Leeds aforesaid ; And also at such other time and place of the said West-Riding , as shall from time to time be appointed , by the said Iustices , Masters , Wardens , and Assistants , or any Thirtéen of them , upon eight days notice , or warning to be given of such méeting , and Court to be held : And in case that the Masters , Wardens , and Assistants , or the major part of them , shall refuse or neglect to appear , so as a Court cannot be holden accordingly , as is before directed , That then such Master , Warden , or Assistant so refusing or neglecting , shall forfeit the sum of Twenty shillings , the one moyetie to the use of the Poor of such respective Town where the person so refusing or neglecting shall live , the other moyetie to the use of the Corporation : And the said Iustices , Masters , Wardens , and Assistants , or any Thirtéen of them , are hereby impowered to summon to appear at the said Courts to be held as aforesaid , so many of the said Clothiers , as they shall in their discretions think méet for the better ordering the Affairs of the said Trade , who are hereby required to appear upon such Summons ; the number of which Persons so Summoned , shall not be under Eight and forty ; And in case of neglect or refusal , are to forfeit to the use of the said Corporation , the sum of Ten Groats , for every default of not appearing , to be levied as is hereafter directed .

And the said Iustices , Masters , Wardens , and Assistants , or any Thirtéen of them ( whereof One of the said Iustices , or One of the said Masters to be present as aforesaid ) shall have , Power to appoint a Comon Seal and to make orders and By-laws . and hereby have Power and Authority from time to time , to make and appoint a Common Seal for the use of the said Corporation , and to Make and Ordain By-laws , Rules , and Ordinances , for and concerning the better Spinning , Working , Making , Fulling , and Milling of Wollen Cloth , as in their Iudgements and Discretions , may tend to the good , Credit and Advancement of the said Trade and Manufacture , ( the same not being contrary to Law ) which By-laws , Rules , and Ordinances , being Ratified and Confirmed by the Iustices of Assize to be holden for the County of York , shall be Published Four times in the year at the least , at Four publique méetings or Courts , ( viz ) Vpon the first Saturday in June , the first Saturday in September , the first Saturday , in December , and the first Saturday in March ; and shall be obeyed and kept by the several persons within and under the said Regulation or Corporation . Penalty for not Conforming to By-laws . And the said Courts constituted as aforesaid shall have , and hereby have power to impose a Fine and Penalty upon any person or persons of the said Corporation or Regulation , being a Clothier , that shall not conform to such Rules , Orders and Ordinances , so made as aforesaid .

Prouided , That the said Fine or Penalty of any person for not conforming as aforesaid , excéed not the sum of Twenty shillings for one offence ; the full moyety , or one half of the said Fines and Penalties to go to the use of the said Corporation , and the other half or moyetie to the use of the Poor of the Parish where such person so offending may be dwelling and inhabiting .

And be it further Enacted by the Authority aforesaid , That the said Iustices , Masters , Power to appoint searchers of Cloth . Wardens and Assistants , or any thirtéen of them , shall have power to nominate and choose Searchers of Cloth in the several places of the said West-Riding , who shall be sworn before them , or any thirtéen of them in manner aforesaid , for the true searching of Cloth , that it be of a due weight , length and breadth , according to the Statute .

And in regard the nature of Cloth is much changed in these late years , and that the new Drapery is now most in use , for which sort of Cloth there is no certain Standard for length , weight , The new Drapery most in use . and breadth , appointed by any Statute ; Be it therefore Enacted by the Authority aforesaid , That the length , weight and breadth of the said new Draperies of broad Woollen Cloth made within the said West-Riding , be , and shall be , as is hereby limited and appointed , ( viz ) That every Cloth called by the name of an End , or half Cloth , shall be betwixt fiftéen yards , and eightéen yards in length in the water , and not to excéed ; and one yard and an half in breadth at the least within the Lists . And every Cloth Commonly called a Short Cloth , betwéen twenty four yards , and twenty eight yards in length in the water , and not to excéed ; and one yard and an half in breadth at the least within the Lists . And every Long Cloth so called , betwixt thirty yards , and thirty six yards in length in the water , & not to excéed ; & a yard and an half in breadth at the least within the Lists . And that every yard of such Cloth shall weigh respectively two pounds and a quarter , accounting sixtéen Ounces to the pound , being well thicked , scoured , misled and fully dryed , And that the said Searcher shall according to his Oath , duly try and examine by weight or by water all broad Woollen Cloths of what sort soever , made within the said West-riding , and shall affix thereunto a Seal of Lead , expressing the true length and weight thereof . And in case any of the said Cloths be found faulty upon trial and examination , the said Iustices , Masters , Wardens and Assistants , or any thirtéen of them , shall have power to impose such Fine and Penalty upon the Offenders as by the Laws and Statutes of this Realm in that behalf are , or ought to be imposed upon them for such defaults ; the one third part of all such Fines and Penalties to be disposed of to the use of such Searcher or Searchers , certifying the said Default of Length , Weight or Breadth , and the other two parts to the Poor of the Parish where such offence shall be committed , to be recovered in such manner as is limited and appointed by the Statute made in the One and twentieth Year of the late King James , Ch. 18. And that all and every such Searcher and Searchers , so chosen as aforesaid , 21 Jac. cap. 18. shall before he or they enter upon the execution of the said Office , take the Oaths of Allegiance and Supremacy , and also the Oath ensuing , which Oath the Iustices , Masters , Wardens and Assistants , or any thirtéen of them as aforesaid , have power to Administer as followeth ; The Oath to be taken by Searchers . I A. B. do swear that I shall well and truly execute the Office of Searcher of Broad Woollen Cloth within the West-Riding of the County of York , according to the Laws and Statutes of this Realm , and according to the best of my Skill and Knowledge ; So help me God .

And be it further Enacted , That if any Searcher shall fail in the due Execution of his Office contrary to his Oath , and Laws and Statutes in that case made and provided , every such Searcher shall forfeit and lose for such Fault , or not setting to such Seal of Lead as aforesaid , Five pounds ; Penalty upon Searchers . And that it shall and may be lawful to and for any other Searcher in the West-Riding ( taking with him one of the said Wardens of the said Corporation ) to research any of the said Clothes , Any thing in any former Statute to the contrary thereof in any wise notwithstanding .

The Authority and power of the Searchers . And it is further Enacted , That it shall and may be lawful to and for all and every such Searcher and Searchers from time to time , so often as occasion shall require , to enter into any Shop , house , Ware-house , or any other place in the day-time , of any Clothiers , Drapers , Cloth-Workers , or of any other person or persons whatsoever , where any of the said Cloths shall be , within the said West-Riding , to search for all suspected Cloth . And in case of resistance , the party so resisting shall forfeit the sum of Ten pounds , the one half thereof to His Majesty , the other half to the use of the said Corporation : And if upon such Search , any Broad-Cloth shall be found made of , or mixed with Flocks , Thrums , Goats hair , or other deceitful Wooll , the said Cloth shall be , and is hereby Declared , and Enacted to be forfeited : And that it shall and may be lawful to and for the said Iustices , Masters , Wardens , and Assistants , or any thirteen of them , at any Court to be by them held as aforesaid , to dispose thereof in such manner as by the Laws and Statutes of this Realm the same ought to be disposed .

None may make broad Cloth but such as have served as apprentizes so Clothiers for 7. years or have been exercised in the Trade for that time . The Penalty . Housholders and houswifes may not make Cloth to sell not being free of the said Trade . The Penalty . And be it further Enacted , That no person or persons within the said West-Riding , who hath not served as an Apprentice to the Trade of Clothier for the space of Seven years , or have not béen exercised therein by the like space of seven years before , shall make any Broad-Cloth to sell , under the penalty of five pounds for every Moneth that he , she , or they shall continue to exercise the said Trade , ( excepting such persons only as now be in the actual use and exercise of the said Trade ) That one moyetie thereof to be paid to the Kings Majesty , His Heirs and Successors ; and the other moyetie to the use of the said Corporation ; And that no Housholder or Houswife within the said West-Riding , or elsewhere within the said County , not being frée of the said Trade of Clothiers , or not having béen exercised therein as aforesaid , or not being the widow of any such person as aforesaid , shall from the Feast of Pentecost next ensuing , make or cause to be made any Woollen Cloth whatsoever , unless it be to the use of themselves , their Children and Families , but not to sell , upon pain to forfeit double the value for every Piece of Cloth so made , and exposed to sale ; one moyetie thereof to His Majesty , the other moyetie to any person who shall sue for the same in any of His Majesties Courts of Record , wherein no Essoin , Protection , or Wager of Law shall be allowed .

Power to appoint a Clerk , Register , Treasurer and other Officers . And it is further Enacted by the Authority aforesaid , That the said Iustices , Masters , Wardens , and Assistants , or any thirtéen of them , are hereby impowred to nominate and appoint a Clerk , a Register , and Treasurer , and such other Officer and Officers to sée the due execution of the several Powers given by this Act , as they in their Discretions shall think méet , and to give them an Oath or Oaths for the due execution of their several places as aforesaid .

And it is further Enacted by the Authority aforesaid , That all Fines , How the fines and forfeitures shall be levied . Forfeitures and Penalties imposed or to be levied by virtue of this Act ( the means and recovery whereof is not otherwise herein provided for and set forth , ) shall be levied by distress and sale of the offender or offenders Goods and Chattels by Warrant from the said Iustices , Masters , Wardens , and Assistants , or any thirtéen of them , rendring the overplus to the Owner thereof upon demand .

And be it further Enacted by the Authority aforesaid , Counterfeiting the Seal of the Corporation . That if any person or persons whatsoever shall counterfeit the Seal of the said Corporation , he or they so offending shall forfeit the sum of Twenty pounds , of often as such person or persons shall upon due proof be found guilty of the same ; which said forfeiture is to be levyed by distress and sale of the Offenders Goods , The Penalty . rendring the overplus to the Owner thereof upon demand ; and for want of such distress , such person and persons to be committed to the Common Goal of the County , where he , or they shall be found , by Warrant under the Hand and Seal of any one of the Iustices of the Peace of the said County , there to remain without Bail or Mainprize for the space of six moneths , or until such person or persons shall have paid the Fine as aforesaid .

And be it Enacted , That all and every Article , All clauses in any other Statute contrary to this Act concerning Clothing Repealed . Clause and Sentence in any Act of Parliament heretofore made touching and concerning the said abuses of Broad Woollen Clothes in this Act mentioned , and being repugnant or contrary to any Article and Sentence in this Act , shall as touching the said Clothes , only made within the said West-Riding , from and after the Feast of St. John Baptist , which shall be in the year of our Lord God , One thousand six hundred sixty and two , be utterly void to all intents and purposes whatsoever ; And in all Actions and Suits that shall be brought against any person or persons , for Acting in any thing according to the true intent and meaning of this Act , the person or persons so sued or molested , Persons sued for executing this Act may plead the generall Issue . shall or may plead the general Issue of Not guilty , and give the special matter in evidence , and shall recover double Costs in every such case , if the Verdict pass for such person or persons , or that the Plaintiff or Plaintiffs be Non-suit therein .

Provided always , That nothing herein contained , The eights and duties of Aulnage saved . shall extend or be construed to extend to take away any of the Rights , Duties or Customs , of , or belonging to the Office and Place of his Majesties Aulnager , or his Deputy or Deputies within the said West-Riding ; But that he or they shall or may from time to time do and perform all and every matter and thing to him or them belonging , according to the Laws and Statutes of this Realm : And also receive all Fées due and accustomed , to the said Office belonging , in as large and ample manner , as he or they might or ought to have done , before the making of this present Act ; Any thing herein contained to the contrary thereof in any wise notwithstanding .

Provided always , and it is further Enacted by the Authority aforesaid , That neither the said Supervisers , , Masters , Wardens and Assistants , nor any of them , Proviso that Rates of wages of workmen may not be set by colour of this Act. nor any other person or persons , frée of the said Corporation of Broad Woollen Clothiers , shall by any Authority derived from this Act , or by colour thereof , set or impose any other or lesser Rates or Wages upon any inferiour Workmen , Servants or Labourers , to be imployed by them or any of them in the said Manufacture , then such as shall be from time to time allowed and approved of by the Iustices of the Peace in their Quarter-Sessions , according to the Laws and Statutes touching Labourers in that case made and provided .

Provided also , That this Act continue to the end of the First Session of the next Parliament , The Continuance of this Act. and no longer .

CAP. XXXIII .

For preventing Abuses in Printing Seditious , Treasonable , and Unlicensed Books and Pamphlets ; and for Regulating of Printing and Printing-Presses .

WHereas the well-government and Regulating of Printers and Printing-Presses , is matter of Publick care , and of great Concernment ; especially considering , Regulating of Printing of great Concirnment . that by the general Licentiousness of the late Times , many evil-disposed persons have béen encouraged to Print and Sell Heretical , Schismatical , Blasphemous , Seditious , and Treasonable Books , Pamphlets , and Papers , and still do continue such their unlawful and exorbitant practice , to the high dishonour of Almighty God , the endangering the peace of these Kingdoms , and raising a disaffection to His most Excellent Majesty , and His Government : For prevention whereof , no surer means can be advised , then by reducing and limiting the number of Printing-Presses , and by ordering and setling the said Art or Mystery of Printing , by Act of Parliament , in manner as herein after is expressed .

The Kings most Excellent Majesty , by and with the Consent and Advice of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , Pamphlets and Books prohibited to be printed , published or sold . doth therefore Ordain and Enact , and be it Ordained and Enacted by the Authority aforesaid , That no person or persons whatsover shall presume to Print or cause to be Printed , either within this Realm of England , or any other His Majesties Dominions , or in the parts beyond the Seas , any Heretical , Seditious , Schismatical , or offensive Books or Pamphlets , wherein any Doctrine or Opinion shall be asserted or maintained which is contrary to Christian Faith , or the Doctrine or Discipline of the Church of England , or which shall or may tend , or be to the scandal of Religion , or the Church , or the Government or Governors of the Church , State , or Common-wealth , or of any Corporation , or particular person or persons whatsoever ; nor shall Import , Publish , Sell or dispose any such Book or Books , or Pamphlets , nor shall cause or procure any such to be Published or put to Sale , or to be Bound , Stitched , or Sewed together .

And be it further Ordained and Enacted by the Authority aforesaid , That no private person or persons whatsoever shall at any time hereafter Print , or cause to be Printed any Book , or Pamphlet whatsoever , unless the same Book and Pamphlet , together with all and every the Titles , Epistles , Prefaces , Proems , Preambles , Introductions , Tables , Dedications , and other matters and things thereunto annexed , Entry of printed Books with the Register of the Company of Stationers , London . be first Entred in the Book of the Register of the Company of Stationers of London , Except Acts of Parliament , Proclamations , and such other Books and Papers as shall be appointed to be Printed by vertue of any Warrant under the Kings Majesties Sign Manual , or under the hand of one or both of His Majesties Principal Secretaries of State ; and unless the same Book and Pamphlet , and also all and every the said Titles , Epistles , Prefaces , Proems , Preambles , Introductions , Tables , Dedications , and other matters and things whatsoever thereunto annexed , or therewith to be Imprinted , shall be first lawfully Licensed and Authorized to be Printed by such person and persons only as shall be constituted and appointed to License the same , according to the direction and true meaning of this present Act herein after expressed , Who may Licence Books concerning the Common Laws to be-Printed . and by no other ; ( that is to say ) That all Books concerning the Common Laws of this Realm shall be Printed by the special allowance of the Lord Chancellor , or Lord Kéeper of the Great Seal of England for the time being , the Lords Chief Iustices , and Lord Chief Baron for the time being , or one or more of them , or by their , or one or more of their appointments ; And that all Books of History concerning the State of this Realm , or other Books concerning any Affairs of State , Books of History , and Affairs of State . Concerning Heraldry . shall be Licensed by the Principal Secretaries of State for the time being , or one of them , or by their , or one of their appointments ; And that all Books to be Imprinted concerning Heraldry , Titles of Honour , and Armes , or otherwise concerning the Office of Earl Marshal , shall be Licensed by the Earl Marshal for the time being , or by his appointment , or in case there shall not then be an Earl Marshal , shall be Licensed by the Thrée Kings of Armes , Garter , Clarencieux , and Norroy , or any two of them , whereof Garter , Principal King of Armes to be one ; Divinity , Physick , Philosophy , or other Science . And that all other Books to be Imprinted or Reprinted , whether of Divinity , Physick , Philosophy , or whatsoever other Science or Art , shall be first Licensed and allowed by the Lord Archbishop of Canterbury , and Lord Bishop of London for the time being , or one of them , or by their or one of their appointments , or by either one of the Chancellors , or Vice-Chancellors of either of the Vniversities of this Realm for the time being ; Provided always , that the said Chancellors , or Vice-Chancellors of either of the said Vniversities shall onely License such Books as are to be Imprinted or Reprinted within the limits of the said Vniversities respectively , but not in London or elsewhere , not medling either with Books of the Common Laws , or matters of State or Government , Books belonging to particular persons . nor any Book or Books , the right of Printing whereof doth solely and properly belong to any particular person or persons , without his or their Consent first obtained in that behalf .

Every Licenser shall have a written copy of the Book licenced . And be it Enacted by the Authority aforesaid , That every person and persons who by vertue of this present Act are , or shall be appointed , or authorized to License the Imprinting of Books , or Reprinting thereof with any Additions or Amendments as aforesaid , shall have one written Copy of the same Book or Books , which shall be so Licensed , to be Imprinted or Reprinted with the Titles , Epistles , Prefaces , Tables , Dedications , and all other things whatsoever thereunto annexed , How and where the said Copy shall be kept . which said Copy shall be delivered by such Licenser or Licensers to the Printer or Owner for the Imprinting thereof , and shall be solely and intirely returned by such Printer or owner after the Imprinting thereof , unto such Licenser or Licensers , to be kept in the publick Registries of the said Lord Archbishop , or Lord Bishop of London respectively , or in the Office of the Chancellor or Vice-Chancellor of either the said Vniversities , or with the said Lord Chancellor or Lord Kéeper of the great Seal for the time being , English Books how to be Licensed . or Lords Chief Iustices , or Chief Baron , or one of them , or the said Principal Secretaries of State , or with the Earl Marshal , or the said Kings of Armes , or one of them , of all such Books as shall be Licensed by them respectively ; And if such Book so to be Licensed shall be an English Book , or of the English Tongue , there shall be two Written Copies thereof delivered to the Licenser or Licensers ( if he or they shall so require ) one Copy whereof so Licensed shall be delivered back to the said Printer or Owner , and the other Copy shall be reserved and kept as is aforesaid , to the end such Licenser or Licensers may be secured , that the Copy so Licensed shall not be altered without his or their privity ; And upon the said Copy Licensed to be Imprinted , he or they who shall so License the same , shall Testifie under his , or their hand or hands , That there is not any thing in the same contained that is contrary to the Christian Faith , or the Doctrine or Discipline of the Church of England , or against the State or Government of this Realm , or contrary to good life , or good manners , or otherwise as the nature and subject of the Work shall require ; which License or Approbation shall be Printed in the beginning of the same Book , with the Name or Names of him or them that shall Authorize or License the same , All Books from beyond Sea shall be brought to the Port of London only . for a Testimony of the allowance thereof .

And be it further Enacted by the Authority aforesaid , That every Merchant of Books , and person and persons whatsoever , who doth or hereafter shall Import or bring any Book or Books into this Realm from any parts beyond the Seas , shall Import the same in the Port of London only , and not elsewhere , without the special License of the Archbishop of Canterbury , and Bishop of London for the time being , or one of them , who are hereby authorized to grant Licenses for that purpose , and shall before such time as the same Book or Books , or any of them be delivered forth , or out of his or their hand or hands , or exposed to Sale , give and present a true Note or Catalogue in writing of all and every such Book or Books , unto the Lord Archbishop of Canterbury and Lord Bishop of London for the time being , or to one of them ; and no Merchant or other person or persons whatsoever which shall import or bring any Book or Books into the Port of London aforesaid , from any parts beyond the Seas , shall presume to open any Dry-Fats , Bales , And not to be opened or uttered until viewed by the Archbishop of Canterbury , Bishop of London , or some other by one of them appointed . Packs , Maunds , or other Fardles of Books , or wherein Books are , nor shall any Searcher , Waiter , or other Officer , belonging to the Custom-house , upon pain of losing his or their place or places , suffer the same to pass , or to be delivered out of his or their hands or Custody , before such time as the Lord Archbishop of Canterbury , and the Lord Bishop of London for the time being , or one of them , shall have appointed some Scholar or learned man , with one or more of the said Company of Stationers , and such others as they shall call to their Assistance , to be present at the opening thereof , and to view the same ; And if there shall happen to be found any Heretical , Seditious , Scandalous , Schismatical , or other dangerous or offensive Book or Books , or any part of such Book or Books Printed in English , they shall forthwith be brought to the said Lord Archbishop of Canterbury , and Lord Bishop of London for the time being , or to one of them , or to some publick place to be assigned and chosen by the said Lord Archbishop , Hereticall , Seditious or dangerous Books Imprinted upon . ported , how to be proceeded upon . and Lord Bishop for the time being , to the end the person and persons which Importeth or causeth the said Offensive Books to be Imported , may be procéeded against as an offender against this present Act ; And also that such further course may be taken concerning the same offensive Book or Books , as by the said Lord Archbishop and Bishop for the time being shall be thought fitting for the suppressing thereof .

And be it further Enacted by the Authority aforesaid , That no person or persons shall within this Kingdom , or elsewhere , Imprint or cause to be Imprinted , nor shall Import or bring in , or cause to be Imported or brought into this Kingdom from or out of any other His Majesties Dominions , nor from any other parts beyond the Seas , any Copy or Copies , Book or Books , or part of any Book or Books , or Forms of blank Bills or Indentures for any His Majesties Islands , Printed beyond the Seas , or elsewhere , Copies of Books , Forms of blank Bills or Indenturs , whereof any have Letters Patents for sole Printing . which any person or persons by force or vertue of any Letters Patents granted or assigned , or which shall hereafter be granted or assigned to him or them , or ( where the same are not granted by any Letters Patents ) by force or vertue of any Entry or Entries thereof duly made or to be made in the Register Book of the said Company of Stationers , or in the Register Book of either of the Vniversities respectively , have or shal have the right Priviledge , Authority or Allowance , solely to Print , without the consent of the Owner or Owners of such Book or Books , Copy or Copies , Form or Forms of such blank Bills nor shall Binde , Stitch , or put to Sale any such Book or Books , or part of any Book or Books , Form or Forms , without the like consent , upon pain of loss and forfeiture of the same , The Penalty . and of being procéeded against as an Offender against this present Act , and upon the further penalty and forfeiture of Six shillings eight pence for every such Book or Books , or part of such Book or Books , Copy or Copies , or Form or Forms of any such blank Bills or Indentures so Imprinted or Imported , Bound , Stitched , or put to Sale ; The Moiety of which said forfeiture and forfeitures shall be to the use of our Soveraign Lord the King , His Heirs and Successors , and the other Moyety to the use of the Owner or Owners Proprietors of such Copy or Copies , Book or Books , or Form of such blank Bills or Indentures , if he or they shall sue for the same within Six moneths next after such Imprinting , Importing , Binding , Stitching , or putting to Sale ; And in default of such Suit by the Owner or Owners , Proprietor or Proprietors , commenced within the said Six moneths , Then the same Moiety shall be to the use and behoof of such other person or persons as within the space of one year next after the said Offence committed , shall sue for the same , to be recovered by Action of Debt , Bill , Plaint or Information , in any of His Majesties Courts of Record held at Westminster , called the Kings Bench , Common-Pleas , or Exchequer , wherein no Essoign , Wager of Law , or Protection shall be allowed to the Defendant or Defendants .

And be it further Enacted and Declared , Printers of Books &c. shall put to their Names . That every person and persons that shall hereafter Print , or cause to be Printed any Book , Ballad , Chart , Pourtraiture , or any other thing or things whatsoever , shall thereunto , or thereon , Print and set his or their own Name or Names , and also shall declare the Name of the Author thereof , if he be thereunto required by the Licenser , under whole Approbation the Licensing of the said Book , Ballad , Chart , or Pourtraiture shall be Authorized , and by and for whom any such Book or other thing is or shall be Printed , upon pain of Forfeiture of all such Books , Ballads , Charts , Penalty . Pourtraitures and other thing or things Printed contrary to the Tenor hereof ; And the Presses , Letters , and other Instruments for Printing , wherewith such Book , Ballads , Pourtraiture , or other thing or things shall be so Imprinted or Set , or prepared for the Printing thereof , to be defaced and made unserviceable ; And that no person or persons shall hereafter Print or cause to be Imprinted , nor shall forge , put or counterfeit in or upon any Book or Pamphlet the Name , Title , Mark or Vinnet of any other person or persons which hath or shall have lawful Priviledge , Authority or Allowance of sole Printing the same without the frée consent of the person and persons so priviledged first had and obtained , upon pain that every person and persons so offending shall forfeit and lose all such Books and Pamphlets upon which such counterfeit Name or Mark shall be Imprinted , and shall further be procéeded against as an Offender against this present Act.

Who only may buy , barter and sell books in London and market Towns . And be it further Enacted by the Authority aforesaid , That no Haberdasher of Small-Wares , Iron-monger , Chandler , Shop-kéeper , or other person or persons whatsoever , not being Licensed in that behalf by the Lord Bishop of the Diocese wherein such Book or Books shall be , nor having béen Seven years Apprentice to the Trade of Book-seller , Printer , or Book-binder , nor being a Fréeman of the City of London by Patrimonial Right , as Son of a Book-seller , Printer , or Book-binder , nor being a Member of the said Company of Stationers , shall within the City or Suburbs of London , or any other Market-Town , or elsewhere , receive , take , or buy , to barter , sell again , change , or do away any Bibles , Testaments , Psalm-books , Common-Prayer-books , Primers , Abcées , Licensed Almanacks , Grammar , School-books , or other Book or Books whatsoever , upon pain of forfeiture of the same .

Printing an Art and Manufacture . And for that Printing is , and for many years hath béen an Art and Manufacture of this Kingdom , Therefore for the better encouraging thereof , and the prevention of divers Libels , Pamphlets , and Seditious Books Printed beyond the Seas in English , and thence Transported into this Realm ; Be it further Enacted and Ordained by the Authority aforesaid , That no Merchant , Book-seller , No English books may be imprinted , or imported from beyond Sea . or other person or persons whatsoever , shall Imprint or cause to be Imprinted beyond the Seas , nor shall Import or bring , nor knowingly assist or consent to the Importation or bringing from beyond the Seas into this Realm , any English Book or Books , or part of any Book which is or shall be , or the greater part thereof is or shall be English , or of the English Tongue , whether the same Book , Books , or part of such Book have béen here formerly Printed or not , upon pain of forfeiture of all such English Books so Imprinted or Imported contrary to the tenour hereof : And that no Alien or Foreigner whatsoever shall hereafter bring in , or be suffered to vend here within this Realm , The Penalty . any Book or Books Printed beyond the Seas in any Language whatsoever , either by himself or his Factor or Factors , except such only as be Frée-Printers or Stationers of London , or such as have béen brought up in that Profession , without the special License of the Archbishop of Canterbury , and Bishop of London for the time being , or one of them , who are hereby authorized to grant Licenses for that purpose , upon like pain of forfeiture of all such Books as shall be so Imprinted or Vended contrary to the purport and true intent hereof .

Presses and Printing in and about London not to be set up , but upon notice to the Company of Stationers . And be it further Enacted by the Authority aforesaid , That no person or persons within the City of London , or the Liberties thereof , or elsewhere , shall erect or cause to be erected any Press or Printing-House , nor shall knowingly demise or let , or willingly suffer to be held or used any House , Vault , Cellar , or other Room whatsoever , to or by any person or persons for a Printing-House , or place to Print in , unless he or they who erect such Press , or shall so knowingly demise or let such House , Cellar , Vault , or Room , or willingly suffer the same to be used , shall first give notice to the Master or Wardens of the said Company of Stationers for the time being of the erecting of such Press , or of such demise or suffering to work or Print in such House , Vault , Cellar , or Room : And that no Ioyner , Carpenter , or other person shall make any Printing-Press , no Smith shall forge any Iron-work for a Printing-Press , no Founder shall cast any Letters which maybe used for Printing , for any person or persons whatsoever ; neither shal any person or persons bring , or cause to be brought in from any parts beyond the Seas , any Letters Founded or Cast , nor shall buy any such Letters for Printing , Printing-Presses , or other Materials belonging unto Printing unless he or they respectively shall first acquaint the said Master and Wardens of the said Company of Stationers for the time being , or some or one of them , for whom the same Presses , Iron-work , or Letters are to be made , forged , cast , brought or imported , upon pain that every person who shal erect any such Printing-Press , or shal demise or let any House or Room , or suffer the same to be held or used , and every person who shall make any Printing-Press , or any Iron-work for a Printing-Press , or shall make , import , or buy any Letters for Printing , without giving notice as aforesaid , shall forfeit for every such offence the sum of Five pounds , the one Moyety whereof shal be to the use of our Soveraign Lord the King , His Heirs and Successors , and the other Moyety to the use of such person or persons as shall sue for the same .

Who and how many shall be Master Printers . And be it further Enacted by the Authority aforesaid , That for the time to come no man shall be admitted to be a Master-Printer , until they who are now actually Master-Printers shall be by death or otherwise reduced to the number of Twenty , and from thenceforth the number of Twenty Master-Printers shall be continued , and no more , besides the Kings Printers , and the Printers allowed for the Vniversities , to have the use and exercise of Printing of Books at one time , and but Four Master Founders of Letters for Printing ; The which said Master-Printers , and Four Master Founders of Letters for Printing , shall be nominated , appointed and allowed by the Lord Archbishop of Canterbury , and Lord Bishop of London for the time being ; And in case of Death of any one of the said Four Master Founders of Letters , or of the said Master Printers , or of Forfeiture , or avoidance of any of their places and priviledges to Print by vertue of this Act , Master Founders of letters for Printing . for any Offence contrary to the same or otherwise , That then the Lord Archbishop of Canterbury , and Lord Bishop London for the time being , or one of them shall nominate and appoint such other fit person or persons to succéed and supply the place of such Master Printer or Founder of Letters as shall be void by Death , Forfeiture or otherwise as aforesaid ; And every person and persons which shall hereafter be allowed or permitted to have the use of a Printing-Press or Printing-House , upon or before such his allowance obtained , shall become bound with Sureties to his Majesty in the Court of Kings-Bench , or before some one or more of the Iustices of Assize , or the Iustices of the Peace at their several Quarter-Sessions , in the sum of Thrée hundred pounds , not to print or suffer to be printed in his house or press any Book or Books whatsoever , but such as shall from time to time be lawfully Licensed .

And be it further Enacted by the Authority aforesaid , Who only may keep above two Printing-Presses . That none of the said Master Printers so to be allowed from time to time as aforesaid , shall kéep above Two Printing-Presses at once , unlesse he hath béen Master or Vpper-Warden of the Company , who are hereby allowed to kéep Thrée Presses , and no more , unless for some great and special occasion for the Publique he or they have for a time leave of the said Lord Archbishop of Canterbury , or Lord Bishop of London for the time being , or to have or use one or more above the aforesaid Number , as their Lordships , or either of them shall think fit .

And be it also Enacted by the Authority aforesaid , What number of Apprentices they may retain . That no Printer or Printers ( Except the Kings Printers ) nor Founder or Founders of Letters for printing , shall take or retain any more or greater number of Apprentices , then is herein after limited and appointed , ( that is to say ) Every Master Printer , and Master Founder of Letters for Printing , that is or hath béen Master or Vpper Warden of his Company , may have thrée Apprentices at one time and no more ; And every Master Printer , and Master Founder of Letters for Printing , that is of the Livery of his Company , may have two Apprentices at one time and no more ; And every Master Printer , and Master Founder of Letters for printing , of the Yeomanry of his Company , may have one Apprentice at one time and no more , neither by Copartnership , binding at the Scriveners , nor any other way whatsoever ; Neither shall it be lawful for any Master Printer or Master Founder of Letters , when any Apprentice or Apprentices shall run or be put away , to take another Apprentice or other Apprentices in his or their place or places , unless the name or names of him or them so gone away be rased out of the Hall-Book , and never admitted again .

And because a great part of the secret printing in corners hath béen caused for want of Orderly Imployment for Iourneymen-Printers , The said several Master Printers , Iourney-men Printers , and Founders of Letters to be imployed . and Master Founders of Letters for printing so to be allowed as aforesaid , are hereby required to take special Care , that all Iourney-men-Printers , and Iourney-men-Founders of Letters for printing , who are lawfully Frée of the said respective Mysteries , be set to Work , and Imployed in their respective Trades ; And if any such Iourney-man-Printer , or Iourney-man-Founder of Letters , being of honest and good behaviour , and able in his Trade , do want Imployment ; he shall repair to any of the said Master Printers , or Master Founders of Letters respectively for the time being , who thereupon shall receive him or them into Work , If such Master Printer , or Master Founder of Letters have not a Iourney-man already , although such Master Printer , or Master Founder of Letters respectively , with his Apprentice or Apprentices be able without the help of the said Iourney-man to discharge his own Work , upon pain that every Master Printer , and Master Founder of Letters respectively , refusing to receive such Iourney-man repairing to him as aforesaid , shall forfeit Five pounds to be recovered by Bill , Plaint , or Information in any Court of Record , wherein no Essoign , Wager at Law , Priviledge or Protection shall be admitted ; the Moyety of which Forfeiture shall go to the Kings Majesty , his Heirs and Successors , and the other Moyety to the Informer who shall sue for the same within six moneths next after the said offence committed ; And if any Iourney-man , or Iourney-men Printers , or Founders of Letters for printing shall refuse imployment being offered to him or them by any Master Printer , or Master Founder of Letters respectively , or neglect it when he or they have undertaken it , he or they so refusing or neglecting , shall suffer Thrée moneths Imprisonment at the least , without Bail or Mainprize , upon Conviction of such his said refusal or neglect by two Witnesses , before any one or more Iustice or Iustices of the Peace , who are hereby impowered to hear and examine the said Offence , and to commit the said Offender and Offenders to the Common Gaol of the County where he or they shall be apprehended : And no Master Printer , or Master Founder of Letters for Printing , shall from henceforth imploy either to work at the Case or Press or otherwise about his Printing , any other person or persons then such only as are English-men and Fréemen , or the Sons of Fréemen , or Apprentices to the said Trades or Mysteries of Printing , or Founding of Letters for Printing respectively .

And for the better discovering of Printing in Corners without License , Be it further Enacted by the Authority aforesaid , That one or more of the Messengers of his Majesties Chamber , Who may search houses and Shops for suspected Books and Papers . by Warrant under his Majesties Sign Manual , or under the Hand of one or more of his Majesties Principal Secretaries of State , or the Master and Wardens of the said Company of Stationers , or any one of them , shall have power and authority with a Constable to take unto them such assistance as they shall think néedful , and at what time they shall think fit , to search all Houses and Shops , where they shall know , or upon some probable reason suspect any Books or Papers to be printed , bound , or stitched , especially Printing-Houses , Book-sellers Shops , and Ware-houses , and Book-binders Houses and Shops , and to view there what is imprinting , binding or stitching , and to examine whether the same be Licensed , and to demand a sight of the said License ; and if the said Book so imprinting , binding or stitching , shall not be Licensed , then to Seize upon so much thereof as shall be found imprinted , together with the several Offenders , and to bring them before one or more Iustices of the Peace , who are hereby authorized and required to commit such Offenders to prison , there to remain until they shall be tried and acquitted , or convicted and punished for the said Offences . And in case the said Searchers shall upon their said Search , find any Book or Books , or part of Books unlicensed , which they shall suspect to contain matters therein contrary to the Doctrine or Discipline of the Church of England , or against the State and Government ; Then upon such suspition to seise upon such Book or Books or part of Book or Books , and to bring the same unto the said Lord Archbishop of Canterbury , and Lord Bishop of London for the time being , or one of them , or to the Secretaries of State , or one of them respectively , who shall take such further course for the suppressing thereof , as to them or any of them shall séem fit .

And be it Ordained and Enacted by the Authority aforesaid , That all and every Printer and Printers of Books , Founder and Founders of Letters for Printing , and all and every other person and persons working in or for the said Trades , Offenders against this Act how to be punished . who from and after the Tenth day of June , in in the year One thousand six hundred sixty and two , shall offend against this present Act , or any Article , Clause , or Thing herein contained , and shall be thereof Convicted by Verdict , Confession , or otherwise , shall for the first offence be dis-enabled from exercising his respective Trade for the space of thrée years , and for the second offence shall for ever thence-after be disabled to use or exercise the Art or Mystery of Printing or of Founding Letters for Printing , & shall also have and receive such further punishment by Fine , Imprisonment , or other Corporal Punishment , not extending to Life or Limb , as by the Iustices of the Court of Kings Bench , or Iustices of Oyer and Terminer , or Iustices of Assize in their several Circuits , or Iustices of the Peace in their several Quarter Sessions shall be thought fit to be inflicted . The which said Iustices of the Peace in their several Quarter Sessions shall have full power and authority to hear and determine all and every offence and offences that shall be committed against this Act , or against any branch thereof , upon Indictment or Information by any person or persons to be taken before them in their Sessions of Peace respectively , and shall yearly certifie into the Court of Exchequer , as in other like Cases they are bound to do , the Fines by them imposed for any the offences aforesaid , and shall and may also by vertue hereof award process , and execution for the taking or punishing such Offenders as in any other Case they lawfully may do by any the Laws and Statutes of this Realm .

Printed Copies to be sent to his Majesties Library and the two Vniversities . And be it further Enacted by the Authority aforesaid , That every Printer shall reserve thrée printed Copies of the best and largest Paper of every Book new printed , or reprinted by him with Additions ; and shall before any publick Vending of the said Book bring them to the Master of the Company of Stationers , and deliver them to him ; one whereof shall be delivered to the Kéeper of His Majesties Library , and the other two to be sent to the Vice-Chancellors of the two Vniversities respectively , for the use of the publick Libraries of the said Vniversities .

Proviso for the priviledges of the two Vniversities . Provided always , That nothing in this Act contained shall be construed to extend to the prejudice or infringing of any the just Rights and Priviledges of either of the two Vniversities of this Realm , touching and concerning the Licensing or Printing of Books in either of the said Vniversities .

Peers Houses . Provided always , That no Search shall be at any time made in the House or Houses of any the Péers of this Realm or of any other person or persons not being frée of , or using any of the Trades in this Act before mentioned , but by special Warrant from the Kings Majesty , under His Sign Manual , or under the Hand of one or both of His Majesties Principal Secretaries of State , or for any other Books then such as are in printing , or shal be printed after the Tenth of June , 1662. And thing in this Act to the contrary thereof in any wise notwithstanding .

Proviso for Book-sellers and Stationers London . Provided also , That neither this Act , nor any thing therein contained , shall extend to prohibit any Book-seller , who hath served seven years , and is frée of the Company of Stationers London , from importing or bringing into this Realm any Books ready bound not formerly prohibited , which have been printed ten years before the said Importation ; Any thing in this or any other Act to the contrary notwithstanding .

Persons selling books in Westminster-Hall . Provided also , and be it further Enacted by the Authority aforesaid , That neither this Act , nor any thing therein contained shall be construed to prohibit any person or persons to Sell Books or Papers , who have sold Books or Papers within Westminster-Hall , the Palace of Westminster , or in any Shop or Shops within Twenty yards of the great Gate of Westminster-Hall aforesaid , before the Twentieth day of November , One thousand six hundred sixty and one ; but they and every of them may sell Books and Papers , as they have or did before the said Twentieth day of November , One thousand six hundred sixty one , within the said Hall , Palace , and Twenty yards aforesaid , but not elsewhere ; Any thing in this Act to the contrary in any wise notwithstanding .

Proviso for the rights and Priviledges of printing granted to any persons by the King . Provided also , That neither this Act , nor any thing therein contained shall extend to prejudice the just Rights or Priviledges granted by His Majesty , or any of His Royal Predecessors to any any person or persons under His Majesties Great Seal or otherwise , but that such person or persons may exercise and use such Rights and Priviledges as aforesaid , according to their respective Grants ; Any thing in this Act to the contrary notwithstanding .

Proviso for John Streater Stationer . Provided also , That neither this Act , nor any thing therein contained shall extend to prohibit John Streater Stationer from printing Books and Papers , but that he may still follow the Art and Mystery of Printing , as if this Act had never béen made ; Any thing therein to the contrary notwithstanding .

Provided also , That neither this Act , nor any thing therein contained , shall extend to restrain the kéeping and using of a Printing-Press in the City of York ; Proviso for the City of York . so as all Books of Divinity there printed , be first Licensed by the Archbishop of York for the time being , or such person or persons whom he shall appoint , and all other Books whatsoever there Printed , be first Licensed by such persons respectively to whom the Licensing thereof doth or shall appertain by the Rules herein before mentioned , and so as no Bibles be there printed , nor any other Book , whereof the Original Copy is or shall be belonging to the Company of Stationers in London , or any Member thereof ; and so as the Archbishop or Lord Mayor of York for the time being , do execute within the said City ( which they are hereby impowred to do ) all the Powers and Rules in this Act concerning Searchers for unlicensed Books , and impose and levy the said penalties in the like cases ; Any thing in this Act to the contrary notwithstanding .

Provided , That this Act shall continue and be in force for two years , The continuance of this Act. to commence from the Tenth of June , One thousand six hundred sixty and two , and no longer . Continued 16 Car. 2. cap. 8.

Anno XV. Caroli II. Regis .

CAP. I.

For Repairing the High-ways within the Counties of Hertford , Cambridge , and Huntington .

WHereas the ancient High-way and Post-Road leading from London to York , The High-way from London to York and Scotland . Hertford . Cambridge . Huntington . and so into Scotland , and likewise from London into Lincolnshire , lieth for many miles in the Counties of Hertford , Cambridge and Huntington , in many of which places , the Road , by reason of the great and many Loads which are wéekly drawn in Waggons through the said places , as well by reason of the great Trade of Barley and Mault that cometh to Ware , and so is conveyed by water to the City of London , as other Carriages both from the North parts , as also from the City of Norwich , Saint Edmunds-Bury , and the Town of Cambridge to London , is very ruinous , and become almost impassible , insomuch that it is become very dangerous to all His Majesties Liege people that pass that way ; And for that the ordinary course appointed by the Laws and Statutes of this Realm is not sufficient for the effectual repairing and amending of the same , neither are the Inhabitants through which the said Road doth lie , of ability to Repair the same , without some other provision of moneys to be raised towards the putting the same into good and sufficient Repair : For remedy whereof , and to the intent the said High-ways , at or in the Counties aforesaid , may be forthwith effectually repaired and amended , and from time to time hereafter kept in good repair ; May it please your Majesty that it may be Enacted , And be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament assembled , and by the Authority of the same , That for the Surveying , Ordering , Repairing , and kéeping in Repair of the said High-way in the Counties aforesaid , Four Iustices of the Peace for each of the said several and respective Counties dwelling next to the said High-ways respectively , or any two of them , for the year One thousand six hundred sixty thrée , and until the Quarter-Sessions then next ensuing ; and from thenceforth the Iustices of Peace at the Sessions to be holden next after Easter every year , for the said respective Counties , from time to time shall and are hereby impowred to nominate and appoint Nine sufficient and able persons residing and inhabiting within the said several and respective Counties , Who may appoint Surveyors of the High-ways for Hartfordshire yearly . Cambridg-shire . Huntington-shire . to be Surveyors of the several places in the said High-way for the year from thence next ensuing : The Iustices of the Peace for the County of Hertford , to appoint Surveyors for the High-way lying in the said several Towns and Parishes of the said County ; and the Iustices of the Peace in the County of Cambridge to appoint Surveyors for the several Towns and Parishes within their said County of Cambridge ; And the Iustices of Peace for the County of Huntington to appoint Surveyors for the several Towns and Parishes of the said County : And that the said Iustices or Surveyors aforesaid shall not act or do any thing towards the Repairs of the said High-ways , but in their own several and respective Counties ; The power of the Iustices of the Peace in their several Counties . And that the said Iustices in their several Counties shall cause notice to be given to the several Surveyors so chosen , in writing , of their said choice ; which said Surveyors and every of them having no lawful impediment to be allowed by the said Iustices by whom they shall be chosen in manner as aforesaid , within one wéek next after such notice to them given of their Election , shall , and are hereby required to méet and assemble themselves together , ( that is to say ) the Surveyors for the County of Hertford , in some convenient place within the County of Hertford ; Hertford . Cambridge . Huntington . And the Surveyors chosen for the County of Cambridge , in some convenient place within their County ; and the Surveyors chosen for the County of Huntington , in some convenient place within their said County , to be appointed by the several Iustices of the said Counties , at their several Quarter-Sessions , to the intent to view and Survey the said High-way and places aforesaid ,

The Power of the Surveyors in the said several Counties .

To appoint Receivers and Collectors of Toll and other needful Officers .

and shall consider what Reparations shall be néedful for Repairing of the several High-ways and places aforesaid ; and the said several Surveyors in their respective Counties shall provide Stones , Gravel , and other materials and necessaries to be used for and towards the Repairing and amending the said High-way at the places aforesaid ; And the said Surveyors , or thrée , or more of them in their respective Counties being so met and assembled , are hereby authorized to appoint a Receiver or Collector of Toll , and such other Officer and Officers as they shall find necessary in their respective Counties for carrying on the said Work ( with such moderate allowance as shall be thought fit ) to be approved of by any two or more Iustices of the Peace for the said respective County for which such Officer is so chosen , living near to the said High-way or places aforesaid , or otherwise to be removed , and other fit person or persons to be chosen in his or their places by the said Iustices in the said several and respective Counties . And for the better effecting thereof , Be it Enacted by the Authority aforesaid , That the said Surveyors , or any thrée or more of them in their several Counties , Charging of Carts and Carriages . shall from time to time , as they shall sée cause , appoint and require all and every person and persons inhabiting within thrée miles of the places aforesaid , being within their several and respective Counties , who by any Law or Statute of this Realm now in force is or are chargeable to find any Wayn , or Cart for the amending of the High-ways , and every other person and persons chargeable to labour in the High-ways , upon reasonable notice , to send his or their Cart , or Wain , and Team , or to come to labour in the said High-way at any the places aforesaid within their respective Counties , so furnished as by the Laws and Statutes of this Realm is directed for the amending of other High-ways , when and so often as the said Surveyors for their said several Counties , Allowance of wages to labourers and owners . or any thrée or more of them shall think néedful and appoint ; for which the said Surveyors shall pay unto such Labourers , and to the owners of such Teams , Carts and Wayns , according to the usual rate of the Countrey . And in case any person so charged to send his , her , or their Team to work as aforesaid , shall refuse or neglect so to do , such persons so refusing or neglecting , The Penalty for refusing . shall forfeit Ten shillings for every day that he or they shall make such default ; and every Labourer Eightéen pence for every day he shall neglect or refuse to work as aforesaid .

How far and often Carts and carriages may be charged . Provided , That no person or persons by vertue of this Act be compelled or compellable to labour , or to send his or their Team , Cart or Waggon for the mending of the said High-way , to any of the said places being above Thrée miles distant from his Dwelling-house , or not in the same County , nor to labour or send his or their Team , Cart or Waggon for amending of the said High-way above Thrée days in any one wéek , nor at any time in Séed-time , Hay or Corn-harvest : Who may determine differences about carriages and labourers Wages . And in case that any question shall happen to arise touching the hire to be given by the said Surveyors for such Team , Cart or Waggon , or concerning the wages of such Labourers imployed in mending the said High-ways , That then the said Iustices of the Peace in the County where such difference ariseth , or any Two or more of them , shall and may determine and set down what hire for such Team , Cart or Waggon , and also what wages to such Labourer shall be paid or allowed by the said Surveyors , and such Order in that behalf to be made shall conclude all parties .

And be further Enacted by the Authority aforesaid , That where there is not sufficient Gravel , Chalk , Sand , or Stones within any Parish , Town , Village or Hamlet , wherein the said High-way , How gravell , Chalk Stones &c. may be taken . or places aforesaid , or any of them do lie , to repair the said High-way at any of the places aforesaid , It shall and may be lawful for the said Surveyors in their several and respective Counties , or any thrée or more of them , and such person and persons as they shall appoint , to dig , take and carry away Gravel , Chalk , Sand or Stones out of the Waste or Common of any neighbouring Parish , Town , Village or Hamlet ( without paying any thing for the same ) for the repairing or amending of the said High-way at any the places aforesaid ; or where there is not sufficient of such materials in any Common or Waste Ground thereunto near adjoyning , to dig in the several grounds of any person or persons , not being an House , Garden , Orchard , Yard , or Park stored with Déer , being within any Parish chargeable towards the repairs of the said High-way and places so to be repaired , where any such materials are or may be found : And from time to time to carry away such and so much thereof as the said Surveyors , or any thrée or more of them in their respective Counties shall adjudge necessary for the said Reparations , without paying any thing for such materials , saving only such reasonable satisfaction to the Owner or Occupier of the Ground where the same shall be so digged & carried away , as for the damage he or they shall thereby sustain , to be assessed and adjudged by the said Iustices of the County where the same is digged , at the next , or any other Quarter-Sessions for the said County , in case of difference concerning the same ; And that the Pits and places where , and from whence such materials shall be dugg and carried away for the Reparations aforesaid , shall with all convenient spéed ( to be adjudged by the said Iustices of Peace as aforesaid ) be filled up , and levelled with earth , or other materials , or else rayled about , so as that the same may not be déemed dangerous or prejudicial to man or beast . And for the defraying of the charge of such Reparations to be done in the places aforesaid ;

Be it further Enacted , That from and after the choice of the Surveyors aforesaid , it shall and may be lawful to and for the said Surveyors for the time being , with such consent and approbation as is aforesaid , Who may appoint the taking of Toll or Custom of all carriages and passengers . of the said Iustices of the several Counties , within their own Counties , and not elsewhere , to choose and appoint one or more fit person or persons to receive or take such sum or sums of money in the name of Toll or Custom to be paid for all such Horses , Carts , Coaches , Waggons , Droves and Gangs of Cattel as in time to come shall pass , be led , or droven in or through the said way or places aforesaid , as are hereafter by this Act limited and appointed , ( that is to say ) for every Horse one peny , for every Coach six pence , for every Waggon one shilling , for every Cart eight pence , for every score of Shéep or Lambs one half-peny , and so proportionably for greater numbers : For every score of Oxen , or Neat Cattel five pence , and so for every greater or lesser number proportionably : For every score of Hoggs two pence , and so for every greater or lesser number proportionably , not being under five . And that from and after the passing of this Act , all and every person or persons who shall travel with Horse , Coach , Cart or Waggon , or shall lead or drive any Oxen , Shéep , Horses or other Cattel aforementioned , in and through the High-way and places aforesaid , shall and are hereby required to pay unto the respective Collectors and Receivers of Toll in the several Counties aforesaid in that behalf to be appointed , after the rates aforesaid : Places for taking of Toll in Hertfordshire . Cambridgshire . Huntingtonshire . Power to distrain for Toll refused to be paid . The places for Collecting of the said Toll to be , for the County of Hertford , at Wades-Mill ; and for the County of Cambridge , at Caxton within the said County of Cambridge ; and for the County of Huntington , at Stilton in the said County of Huntington , and at no other place or places within the said Counties : And in case any person or persons upon demand made of Toll aforesaid by the Collector or Receiver in that behalf to be appointed , shall neglect or refuse to pay the same , That then it shall and may be lawful to and for the said Collector or Receiver appointed for the Receipt of the said Toll , upon such refusal , to Distrain and detain such Horse , Cart , Coach , Waggon , Oxen , or other Cattel aforementioned , or any of them , until the said Toll shall be satisfied and paid according to the tenor of this present Act , together with such damages as the party so distraining shall sustain by kéeping of such Distress : Of all which money so to be received , The Toll received to be accompted for and paid to the Surveyors . the said Collector or Receiver of Toll so to be appointed in the several Counties , shall from time to time render true Accounts , and shall pay the money so by them received , unto the said Surveyors of their several and respective Counties , or to any thrée or more of them , or unto such Treasurers as they shall appoint , when , and as often as they shall be thereunto required by the said Surveyors , or any thrée or more of them , by them to be laid out and expended for and towards the necessary Repairs , and amending of the several places aforementioned , and not elsewhere within their said several and respective Counties .

And be it further Enacted by the Authority aforesaid , That the Surveyors , To whom the said Surveyors shall accompt for moneys received . and every of them in their several and respective Counties , at the Quarter-Sessions of the Peace for the said County , to be holden next after Easter in every year , shall make and yield up unto the Iustices of the Peace there to be assembled , a perfect Account in writing under their hands , of all the money which they or any of them shall have received from the said Collector or Receiver of Toll in their said County , and likewise of all their disbursments in and about the said High-way , or otherwise by reason of their Offices ; And in case of any overplus of money so received , remaining in their hands , shall pay the same to the Surveyors to be chosen for the year ensuing , or to the Treasurer or Receiver by them to be appointed , to be disbursed and laid out in the several places aforesaid , within such County wherein the overplus doth remain , and not elsewhere , in the year ensuing ; which said Iustices to whom such Account shall be given , shall out of the benefit of the said Toll , make such allowance unto the said Surveyors , for and in consideration of their care and pains taken in the execution of their said Offices as to them shall séem good : And in case the Collector or Receiver of the aforesaid Toll for the respective Counties so to be paid as aforesaid , shall not upon request duly pay the same unto the said Surveyors of the said County for the time being , or the Treasurer or Receiver by them appointed ; or in case the said Surveyors or any of them shall not make such Account and payment as aforesaid , That then the said Iustices for the several and respective Counties , at any Quarter-Sessions of the Peace to be holden for the said County , in case of such default of Account or Payment , shall and may make enquiry concerning such default , as well by the confession of the parties themselves , as by testimony of two , or more credible Witnesses upon Oath ; and in case of such default to be found and adiudged by the said Iustices in their said respective Counties , either in their said Receiver or Collector of the said Toll , or in their said Surveyors , or any of them ; The said Iustices upon such their conviction shall commit the party or parties so convict , to the common Gaol for the said County , there to remain without Bail or Mainprize , until he or they shall have made a true and perfect Account and Payment as aforesaid .

And forasmuch as the moneys so to be Collected by such receipt of the said Toll , will not at present raise such a Stock or Sum of Money as may be sufficient for the spéedy Repairing of the Premisses in the said several Counties of Hertford , Cambridge , and Huntington , It is hereby further Enacted , How the Toll Profits may he engaged for advance of Money . and the said Surveyors are hereby enabled by and with the like consent of the said Iustices , for their several and respective Counties , without further License , severally to engage the profits arising of their said Toll in their several Counties , for such sum or sums of money by them to be borrowed for that purpose , and by Indenture under the hands and seals of the said respective Surveyors for the time being , to transfer the said profits of the said Toll , and to grant and convey the same for any time or term , not excéeding Nine years , unto any person or persons that shall or will upon that Security advance any present sum or sums of money for and towards the present Repairing and amending of the said High-way in the respective places and Counties aforesaid , for the repayment of such principal sum or sums of money so lent with Interest for the same : Or in case such sum or sums of money cannot be borrowed upon the Security aforesaid , for the Repair of the said Ways , That then it shall and may be lawful to and for the said Iustices in their said several and respective Counties , In what cases a Rate may be m●de upon the several Parishes . at their several Quarter-Sessions , when they shall sée cause , to make a Rate not to extend to any other County but their own , nor to Repair any other then the places aforesaid , in that particular County where such Rate is made , whereby they shall have power for their several Counties to raise upon the Parishes that lie in or near the said Road ( and so will have a benefit therefrom ) such sum or sums of money as they shall sée fit and convenient for the spéedy effecting of the said Repairs before mentioned ; which said sum and sums so to be rated as aforesaid , shall be paid to the Surveyors for the respective County where such Rate is made , or to their Receiver or Collector , to be imployed for the repairing of the said Ways and places afore-mentioned , and not otherwise : And in case any person shall refuse to pay such rate so to be made , That it shall and may be lawful for the said Surveyors , or their said Receivers and Collectors to distrain for such sum or sums of money , and the distress to sell , rendring the overplus to the Owners .

Provided always , and it is Enacted by the Authority aforesaid , That the said money so advanced by the said several Towns in the said respective Counties , shall again be repayed with Interest by the several Surveyors for the several Counties , as it doth arise out of the said Toll , every County paying for what is so borrowed within its own County , and no further .

And be it further Enacted by the Authority aforesaid , That if any person or persons not having any lawful cause to be allowed as aforesaid , The Penalty for refusing to take the Office of Surveyor . shall neglect or refuse to take upon him or them the said Office of Surveyor , being thereunto nominated and chosen according as by this Act is appointed , or to do or perform his or their duty in the due and spéedy execution of this present Act , the said Iustices of the Peace for the several and respective Counties where such Surveyor or Surveyors dwell , at their Quarter-Sessions shall and may hereby have power to impose on such person or persons so refusing or neglecting , such Fine or Fines ( not excéeding Ten pounds upon each person so refusing or neglecting ) as to them shall séem méet , and to cause the same to be levied by distress and sale of his or their Goods , rendring to the party so distrained the overplus , if any shall be .

Fines and Forfeitures upon this Act how to be paid and disposed . And be it further Enacted by the Authority aforesaid , That all Fines or Forfeitures to be imposed or incurred by vertue of this Act , shall be paid to the Surveyors for the time being , or any thrée of them , or the Treasurers of the said Surveyors for the said respective Counties , for and towards the repairing of the said High-ways , and places aforesaid : And in case of refusal , or if any person or persons so chosen to take upon him or them the said Office , shall happen to die , or shall for any lawful impediment be discharged from the said Office , that then some other fit person or persons within that County shall be appointed by two or more Iustices in the said County , living near the said High-way and places aforesaid , in the place of him or them that shall so refuse , die , or be discharged ; and the person or persons so chosen , shall and are hereby required upon notice thereof to him or them given under the hands and seals of the said Iustices by whom he or they shall be so chosen , to take upon him or them the said Office of Surveyor , and to execute the same in such manner , and under such and the like penalties , as if he or they had béen chosen by the Iustices at their Sessions of the Peace in manner as aforesaid .

Suits upon this Act shall be laid in the proper County .

And the Defendant may plead the general Issue .

And be it further Enacted by the Authority aforesaid , That if any Suit shall be commenced against any person for any thing done in pursuance of this present Act , That in every such case the Action shall be laid in the said respective Counties where the Cause doth arise , and not elsewhere ; and the Defendant in such Action so to be brought , may plead the general Issue , and give this Act , and the special matter in evidence at any Tryal to be had thereupon , and that the same was done in pursuance , and by Authority of the said Act : And if it shall so appear to be done , and that such Action shall be brought in any other County , That then the Iury shall find for the Defendant ; and upon such Verdict , or if the Plaintiff shall be non-suited , or discontinue his Action after the Defendant shall have appeared , or if upon Demurrer , Iudgment shall be given against the Plaintiff , the said Defendant shall have and recover his double Costs , Double Costs . and have the like remedy for the same , as any Defendant hath in any other case by Law .

Toll not to be paid twice in the same day . Provided always , That no person or persons having occasion to passe any place where the Toll is taken , and return the same day with the same Horse , Coach , Waggon , or other Carriage , or with Cattel , shall be compelled in the same day to pay the said Toll a second time ; Any thing in this Act to the contrary notwithstanding .

Provided also , That all and every person and persons who by Law are chargeable towards the repairing of the said High-ways and places aforesaid , shall still remain so chargeable ; Any thing in this Act to the contrary thereof in any wise notwithstanding .

The continuance of this Act for 11. years only . Proviso for exempting certain persons and things from paying any Toll . Provided also , That neither this Act , nor any thing therein contained , shall extend to any further time , or be of force any longer then the term of Eleven years , to be accounted from the passing of this Act ; Any thing in this Act to the contrary notwithstanding .

Provided always , That all and every person and persons passing through the respective places appointed for the receiving of Toll as aforesaid , ( viz. ) at Wades-Mill for the County of Hertford , at Caxton for the County of Cambridge , and at Stilton for the County of Huntington ; and coming immediately and primarily to , and from the several Parishes of Standen , Thundridge , Ware and Bengeo , adjacent to Wades-Mill in the said County of Hertford , and Stowe , great Papworth , little Papworth , Borne and Elsley adjacent to Caxton in the said County of Cambridge , and Yaxley , Washingley , Glatton , Cunington , Waddon , and Stibbington , adjacent to Stilton in the said County of Huntington , shall have a liberty to carry any quantity or quantities of Stones , Sand , Stones , Gravel , &c. Lime , or Gravel , Dung , Mould , and Compost of any nature or kind whatsoever , Brick , Chalk , or Wood ; And that they , and all Carts with Hay , or Corn in the Straw , at Hay-time , Hay , Corn in Harvest 〈◊〉 P●●ugh 〈◊〉 Imp● of H● ▪ or Harvest , Ploughs , Harrows , and other Implements of Husbandry , and all other things whatsoever imployed in the Husbanding , Stocking , and Manuring of their several and respective Lands in the said several and respective Parishes , shall pass to and fro through the said respective places where such Toll is to be received as aforesaid , without paying any thing for their respective passing through the same ; Any thing in this present Act to the contrary thereof in any wise notwithstanding .

Provided also , And be it Enacted , Proviso touching money received overplus and remaining at the end of 11. years . That if it shall happen that at the end and expiration of the term of the Eleven years aforesaid , that the Receiver or Receivers , Collector or Collectors then in being , or any of them , of the aforesaid Tolls , or any part thereof , in all and every of the said Counties , made and to be made , shall upon their or any of their accounts , made and to be made for the several and respective Receipts of the Tolls aforesaid , have any sum or sums of money in their or any of their hands , more then they or any of them have expended as aforesaid , That then such Receiver and Receivers , Collector and Collectors , and every of them , shall bring in all and every sum and sums of money so remaining in their or any of their hands , unto the Iustices of the Peace of the said several and respective Counties , where such Receiver or Receivers , Collector or Collectors shall live , or have received the said several sum or sums , at the next General Quarter-Sessions for the Peace which shall happen to be after their said several Accounts so to be made as aforesaid , upon pain of forfeiting double the Sum which shall be in their or any of their hands upon the said Account ; which said Sum and Penalties shall be recovered by distresse and sale of the parties Goods so refusing to do the same , by Warrant under the Hands and Seals of any two Iustices of the Peace of the said several Counties ; And that the said Iustices of the Peace at their said several Quarter-Sessions in their several Counties , are hereby impowred and enabled to dispose of the said several sum and sums of money , and all the said Penalties into the hands of such person and persons , and upon such Securities as they shall approve of , to and for a Stock for the repairing of the said several High-ways , according to the intent and meaning of this Act , and not otherwise .

Provided also , And be it further Enacted by the Authority aforesaid , Huntington . That if the Iustices of the Peace for the County of Huntington , or any four of them dwelling next to the said High Road , Stilton . shall adjudge some other place more convenient then Stilton for receiving the Toll for the said County , That then it shall and may be lawful for the said Iustices of Peace as aforesaid , to appoint some other place upon the High Road within their said County , to receive the aforesaid Toll instead of Stilton ; Any thing in this Act to the contrary notwithstanding .

And that it shall and may be lawful for all and every Souldier and Souldiers upon their March , Souldiers in Marching , and Posts exempted . and all persons riding Post , to passe through any the places in this Act mentioned , without paying any Toll ,

Provided also , That if at any time before the expiration of the Eleven years aforesaid , Proviso , for cealing the Toll within the 11. years . the said High-ways shall be well and sufficiently amended and repaired , and so adjudged by the Iustices of the Peace at the Quarter-Sessions for their several and respective Counties aforesaid , That then from and after such Adjudication made , and Re-payment of such moneys as shall have béen borrowed , the aforesaid Toll in the said County shall cease and determine ; Any thing aforesaid to the contrary notwithstanding . Continued 16 & 17 Car. 2. cap. 10.

CAP. II.

Unlawful Cutting or Stealing , or Spoiling of Wood , and Under-woods and Destroyers of young Timber-Trees , punished .

WHereas in one Act of Parliament made in the Thrée and fortieth year of the Reign of the late Quéen Elizabeth , Entituled , 43 El. cap. 7. An Act to avoid and prevent divers misdemeanors in idle and lewd persons , among other things it is Enacted , The punishment for cutting and spoyling any Woods . That all and every such lewd person and persons that shall cut or spoil any Woods , or Vnder-woods , Poles , or Trées standing , and their Procurer or Procurers , Receiver or Receivers knowing the same , and being thereof lawfully Convicted by his or their own confession , or by the testimony of one sufficient Witness , upon Oath before some one Iustice of Peace , or other Head-Officer of the County or place where such offence was committed , shall give the party or parties satisfaction for his or their Damages for the first fault : And if such Offender or Offenders shall by such Iustice of Peace or Head-Officer be thought not able or sufficient , or if such Offender or Offenders do not make such satisfaction as aforesaid , That then the said Iustice of Peace , or Head-Officer shall commit the said Offender or Offenders to the Constable , or other inferior Officer , to receive the punishment of Whipping , as in the said Act more fully doth appear ,

And whereas it is found by daily experience , especially in and about London , and other great Towns where a great number of such idle and lewd persons do shelter themselves , that this Act hath not sufficiently prevented the said mischief of cutting and spoiling of Woods and Vnderwoods , as was intended , as well because the said offences are committed in such a close and clandestine manner , that there is none Witnesses to them , but such as are partakers to the offence ; as also because the said punishment is too small for so great a fault , which is not only prejudicial and hurtful to the Owners of the said Woods , but very mischievous and damageable to the Commonwealth : Be it therefore Enacted by the Kings most Excellent Majesty , by , and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament assembled , and by the Authority of the same , That from and after the Four and twentieth day of June next ensuing , Who may apprehend Wood-stealers . every Constable , Headborough , or any other person in every County , City , Town-Corporate , or other place where they shall be Officers or Inhabitants , shall and may by vertue of this present Act have full Power and Authority to apprehend , or cause to be apprehended all and every person or persons they shall suspect having , or carrying or any wayes conveying any burthen or bundles of any kind of Wood , Vnder-wood , Poles , or young Trées , or Bark , or Bast of any Trées , or any Gates , Stiles , Posts , Pales , Rails or Hedgewood , Broom , or Furze ; Search in Houses of suspected persons . and by Warrant under the Hand and Seal of any one Iustice of the Peace directed to any Officer , such Officer shall have power to enter into , and search the Houses , Out-houses , Yards , Gardens , or other places belonging to the Houses of all and every person or persons they shall suspect to have any kind of Wood , Vnderwoods , Poles , or young Trées , or Bark , or Bast of any Trées , or any Gates , Stiles , Posts , Pales , Rails , or Hedge-wood , Broom , or Furze ; and wheresoever they find any such , to apprehend and cause to be apprehended all and every person and persons suspected for the cutting and taking of the same , and them , and every of them , as well those apprehended carrying , or any ways conveying any kind of Wood , Vnderwood , Poles , or young Trées , or Bark , or Bast of any Trées , or any Eates , Stiles , Posts , Pales , Rails , or Hedge-wood , Broom , or Furze ; as also those in whose Houses or other places belonging to them , any such Wood , Vnder-wood , Poles , or young Trées , or Bark , or Bast of any Trées , or any Gates , Stiles , Posts , Pales , Rails , or Hedgwood , Broom , or Furze , shall be found , to carry before one Iustice of the Peace of the same County , City , or Town-Corporate ; And if the said person and persons so suspected , apprehended , and carried before the said Iustices , do not then and there give a good account how he and they came by such Wood , or Vnderwood , Poles or young Trées , or Bark or Bast of any Trées , or Gates , Stiles , Posts , Pales , Rails , or Hedge-wood , Broom or Furze , by the consent of the Owner , such as shall satisfie the said Iustice , or else shall not within some convenient time to be set them by the said Iustice , produce the party or parties of whom they bought the same wood , Vnder-wood , Poles or young Trées , or Bark or Bast of Trées , Gates , Stiles , Posts , Pales , Rails , or Hedge-wood , Broom or Furze , or some other credible witnesse to depose upon Oath such sale of the said Wood , Vnder-wood , Poles or young Trées , or Bark or Bast of Trées , Gates , Stiles , Posts , Pales , Rails , or Hedgwood , Broom or Furze , ( which Oath the said Iustice hath hereby power to administer ) That then the said person or persons so suspected , and not giving such good account , nor producing any such witnesse upon Oath to testifie the said Sale as aforesaid , shall be déemed and adjudged as convicted of the said offence of cutting and spoiling of the same Woods , Vnder-woods , Poles or young Trées , or Bark or Bast of Trées , Gates , Stiles , Posts , Pales , Rails , or Hedge-wood , Broom , 43 Eliz. cap. 7. or Furze within the meaning of the said Statute of Quéen Elizabeth , and shall be liable to the punishment therein contained , and to such other procéedings and punishments as by this present Act shall be further constituted and appointed on that behalf .

And be it therefore Enacted by the Authority aforesaid , That all and every person or persons convicted of the said offence in manner and form before in this Act mentioned , shall for the first offence give the Owner or Owners such recompence or satisfaction for his or their damages , The punishment for the first offence . and within such time as the said Iustice shall appoint , and over and above pay down presently unto the Overséers , for the use of the poor of the Parish where the said offence or offences were committed , such sum of money ( not excéeding Ten shillings ) as the said Iustices shall think méet ; and if such offender or offenders do not make recompence or satisfaction to the said Owner or Owners , and also pay the said sum to the Poor in manner and form aforesaid , then the said Iustice shall commit the said offender or offenders to the House of Correction for such time as the said Iustice shall think fit , not excéeding one moneth , or to be whipped by the Constable , The second offence . or other Officer , as in his Iudgment shall séem expedient : And if such person or persons shall again commit the said offence , and be thereof convicted as before , that then they and every of them so offending the second time , and thereof so convicted , shall be sent to the House of Correction for one moneth , and be there kept to hard labour . And if such person or persons shall again commit the said offence , and be thereof convicted as before , That then they and every of them so offending the third time , and thereof so convicted , shall be taken , adjudged and déemed as Incorrigible Rogues .

Buyers of stoln Wood , how to be dealt withal . Provided always , And it is further Enacted by the Authority aforesaid , That whosoever shall buy any Burthens of Wood , or any Poles or Sticks of Wood , or any other the Premisses particularly mentioned in this Bill , which may be justly suspected to have béen stoln , or unlawfully come by , That it shall and may be lawful to and for the said Iustices of the Peace , Mayors , Bayliffs , and Head-Officers , or any one of them within their respective Iurisdictions , upon complaint to them thereof made , to examine the said matter upon Oath , which they and every of them respectively are hereby authorized to administer : And if they shall find that the same was bought of a person who might iustly be suspected to have stoln or unlawfully come by the same , and that the same was stoln , or unlawfully come by , That in such case the said Iustices of Peace , Mayors , Bayliffs , or other Head-Officers , or any one of them respectively , shall and may award the party who bought the same , to pay treble the value of the same to the party from whom the same was stoln , or unlawfully taken ; And in default of present payment thereof , to issue forth their respective Warrants to levy the same by distress and sale of the offenders Goods , rendring the overplus to the party : And in default of such distress , to commit the party to the Gaol at his own charge , there to remain one moneth without Bail .

Provided always , Within what time offenders must be questioned within this Act. That no person or persons shall be questioned for any offence upon this Law , that hath béen punished for the same offence by any former Law , nor shall be punished by this Law , unless he be questioned within Six wéeks after the offence committed .

CAP. III.

An Act to explain and supply a former Act for distribution of Threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers , and for Assessing of Offices , and distributing the moneys thereby raised , for their further supply . 14 Car. 2. cap. 8. EXP.

CAP. IV.

An Additional Act for the better Ordering the Forces in the several Counties of this Kingdom .

FOr the better Ordering of the Forces in the several Counties and places of England , and the Dominion of Wales , and Town of Berwick upon Tweed , and for the supplying and explaining the late Act , Entituled , 14 Car. 2. cap. 3. An Act for Ordering the Forces in the several Counties of this Kingdom , Be it Enacted by the Kings most Excellent Majesty , by , and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament assembled , and by the Authority of the same , Power of the Lieutenants and Deputy-Lieutenants to Train and Exercise . That the several Lieutenants of the several Counties , Cities and places nominated by his Majesty , his Heirs and Successors respectively , and in their absence out of the limits of their respective Lieutenancies , or by their directions when they are not absent , their Deputy Lieutenants during their respective Deputation , or any two or more of them shall have power from time to time , to Lead , Train , Exercise and put in readiness , or by Warrant under their hands and seals , to cause to be Led , Trained , Exercised , or put in readiness , all or any of the persons Raised , Arrayed , or Weaponed , according to the said Act , to the intents and purposes , and by the directions of the said Act , and of this present Act.

And be it further Enacted , That all and every person or persons , charged , 13 Car. 2. cap. 6. 14 Car. 2. cap. 3. Allowance of pay to Troopers 2 s. 6 d. per diem . Foot-Souldiers 1 s. per diem . or to be charged by vertue of either of the said Acts , with Horse , Horse-man and Arms , or Foot-Souldier and Arms , shall under the penalty of forfeiting five shillings , pay and allow upon demand , two shillings six pence by the day , to each respective Trooper that serves with such Horse and Arms , for maintenance of the man and horse ; and shall under the penalty of two shillings , pay and allow upon demand , one shilling by the day to each respective Foot-Souldier , for so many days as they or any of them shall be absent from their dwellings or callings by occasion of Muster or Exercise , according to the Rules of the said Acts : which said penalty is to be Levied , as is hereafter expressed , unless some certain agréement be made to the contrary before good witness ; and the said penalty is to be paid to such Trooper or Foot-Souldier , to whom his said pay was denied ; The respective penalties to be demanded within six wéeks after each respective default , or at or before the next succéeding Muster , Exercise or Training , and not afterwards .

And be it further Enacted , Penalty upon refusers to find Arms. That if any person or persons assessed or charged according to the said Acts , or either of them , shall refuse or neglect by a reasonable time to be appointed , to provide and furnish such sufficient Foot-Souldier and Arms , or Foot-Souldiers and Arms , as are accordingly charged upon him or them , That then it shall and may be lawful to and for the respective Lieutenants and Deputy-Lieutenants , or any thrée or more of them , for every such offence from time to time to inflict a penalty upon such person or persons , not excéeding Five pounds , to be levied in manner following , and to be imployed to the same uses in default whereof the same was imposed .

Be it further Enacted , That it shall and may be lawful for the respective Lieutenants and Deputy-Lieutenants , or any thrée or more of them ▪ from time to time , Constables required to charge persons with Foot-Arms . to appoint and require the Constable or Constables of any Parish or place within this Kingdom , Dominion of Wales , and Town of Berwick upon Twede , to provide and furnish ( at a reasonable time and place to be appointed , upon a penalty to be imposed , not excéeding Forty shillings for every such omission ) so many sufficient Foot Arms ( with Wages and other incident charges ) as the said Lieutenants and Deputy-Lieutenants , or any thrée or more of them shall assess or charge according to the Rules and Proportions of the said Acts , upon Revenues under Fifty pounds per annum , or upon personal Estates less then Six hundred pounds , lying or being within any such respective Parish or place .

And in order thereunto , if any person or persons of , or belonging to any such Parish or place , shall upon demand refuse or neglect to provide a Foot-Souldier or Foot-Souldiers , The Penalty for not prouiding or paying Foot-Arms . according to the proportion aforesaid , or to pay any sum of money whereat he or they shall be taxed or assessed by a Pound Rate , according to a List Signed by the respective-Lieutenants , or any thrée or more of them , for and towards the defraying and satisfying the necessary Charge and Expence disburst in providing and furnishing such sufficient Arms as aforesaid , That then it shall and may be lawful to and for such Constable or Constables , by Warrant for that purpose , to Levy such Sum so Rated or Assessed by Distress and Sale of the Goods of such person or persons so refusing or neglecting to pay , and shall restore the overplus , ( if any ) the charge of Distraining being first deducted : And the Tenant of any House , Land , or Revenue , Rated or Assessed as aforesaid , is hereby authorized and required to make payment of such Sum of money so Rated or Assessed and to deduct so much as shall be charged upon the Landlords Rent , out of the next Rent payable to the Landlord , and in default hereof , the goods of every such Tenant is also liable to be distrained and sold in manner aforesaid .

And be it further Enacted , That once in every year hereafter , each Souldier Listed or Raised by vertue of the said Acts , What shall be paid to the Muster-Masters . or either of them , shall pay to his respective Muster-Master such Sum ( not excéeding one shilling for a Horseman , and six pence for a Footman ) as the respective Lieutenants , and Deputy-Lieutenants , or any thrée or more of them shall under their Hands and Seals direct ; who have power hereby to Levy the same by Distress and Sale , in case of default of payment , upon the Goods and Chattels of such person or persons as are charged with the finding of the respective Horse-man or Foot-Souldier , so making default , unless the default be by the neglect of such Horseman or Foot-Souldier , who in that case are hereby to be accomptable for the same ; and every such Muster-Master shall be an Inhabitant of the respective County . What Provision every Musquetier shall bring with him .

And it is hereby further Provided and Enacted , That at every Muster , Training and Exercise , every Musquetier shall bring with him half a pound of Powder , and half a pound of Bullets ; and every Musquetier that serves with a Match-lock , shall bring with him thrée yards of Match , both which are to be found accordingly at the Charge of such person or persons as provide the said Foot-Souldier and Arms ; And every Horse-man is to bring with him a quarter of a pound of Powder , and a quarter of a pound of Bullets , at the Charge of such person or persons as provide the said Horseman and Arms , The Penalty . who are hereby required to find and bear the same , upon pain of forfeiting Five shillings for every omission thereof . And for the better Discipling and Instructing the said Militia in their Duties , as also for easing them of often and frequent Méetings at several times , and for the better security of the Peace of the Kingdom , Be it further Enacted , That it shall and may be lawful for the said several Lieutenants , and in their absence , or by their Directions , for any two or more of their Deputies within their respective Counties and Precincts for which they are Commissioned , at any time or times , during the space of thrée years , from the Twenty fourth day of July , in the year of our Lord , One thousand six hundred sixty and thrée , to Summon and Continue together so many of the said Trained Forces within their respective Counties and Precincts , 14 Car. 2. cap. 3. and so long as they shall judge convenient , in lieu of certain days appointed for Exercise and Musters by the said Act , Entituled , An Act for Ordering the Forces in the several Counties of this Kingdom . No Troop to be kept upon duty above 14 days .

Provided always , And be it Enacted , That any Troop , Company or Souldiers may be so kept upon such Duty by vertue hereof fourtéen days , and no longer in any one year .

Commissioned Foot-Officers discharged from finding Arms. Provided always , And be it Enacted , That every Commissioned Foot-Officer in the Train-Bands , or Militia of this Kingdom ( setled according to Act of Parliament ) shall be and is hereby exempted and excused from finding and contributing towards the finding and contributing towards the finding any Horse , Horse-man or Arms , or Foot-Souldier and Arms for his whole Estate , if at any time it is charged , but for one Horse , or a less charge , or for such part of his Estate as is , or shall be charged with one Horse , if his whole Estate be charged with a greater charge then one Horse in the County or Lieutenancy where he so serves as a Foot-Officer , in respect of the expence which the said Imployment doth necessarily engage him in ; Any thing in the said Acts to the contrary notwithstanding . The Duty of Constables in executing Warrants of the Lieutenants or Deputies .

Be it also Enacted and Ordained , That each Constable , Tything-man , or other Officer of any Parish or place , under the penalty for every neglect of forfeiting Forty shillings , shall , and do by vertue of a Warrant directed to him from the respective Lieutenants , and Deputy-Lieutenants , or any thrée or more of them , Levy all arrears and proportions of money unpaid , that were set or charged for the Raising , Training and Arraying the Trained Bands and Forces , actually raised and in being before the passing of the said mentioned Act , by the Distress and sale of the Goods of any person or persons refusing to pay the same , rendring back the overplus ( if any ) the charge of Distress and Sale being first deducted . Troopers and Souldiers shall be subject to Exercise and Duty .

Be it also Enacted , That every Trooper or Foot-Souldier at any time raised by vertue , or according to the directions of this present Act , shall be subject to such Exercise and Duty , as others charged or raised by the said mentioned Act , & shal accordingly upon like pains & penalties observe and kéep all the respective Orders and Directions of the said Act , and of this present Act , and shall suffer the same penalties for committing any of the respective crimes and offences exprest in the said Act ; which said pains and penalties are in the like cases to be imposed and levied in the same manner , and by the same ways and means as are set down in the said Act.

And whereas the fourth part of one moneths Assessment in each County , A fourth part or a moneths assesment how to be disposed . after the rate of Seventy thousand pounds by the moneth , is by the said Act yearly appointed for furnishing Munition and other necessaries , Be it Enacted and delared by the Authority aforesaid , That the said respective Lieutenants and Deputies or any thrée or more of them , shall from time to time have power to dispose of so much of the said fourth part to the inferiour Officers imployed in or about the said respective Forces , for their pains and encouragement , as to them the said Lieutenants and Deputies , or any thrée or more of them shall seem expedient .

Provided always , and be it Enacted , Persons sued for matters done by this Act may plead the general issue . That it shall be lawful to every person and persons that shall have any Action or Suit brought against him or them , for any thing done in execution of this or the said Act , to plead the General Issue , and to give the special matter in Evidence , and if Iudgment shall be given for the Defendant , or if the Plaintiff shall become Nonsuit or discontinue his Suit , then he shall recover double Costs .

Provided also , and be it Enacted , Double costs to the Defendant . That no Action or Suit shall be brought against any person for any thing done in execution , or by pretence of the execution of this or the said Act , unless the said Action or Suit be laid in the proper County , and commenced within six moneths next after such cause of Action .

Provided , and be it further Enacted by the Authority aforesaid , That one Clause contained in a certain Act , Entituled , ( An Act declaring the sole right of the Militia to be in the King , 13 Car. 2. c. 6 and for the present Ordering and disposing of the same ; ) and made for the Indempnifying of all persons acting in the Militia , from the four and twentieth of June , One thousand six hundred and sixty , to the twentieth of July , One thousand six hundred sixty and one , as touching the Assaulting , Detaining or Imprisoning any person suspected to be a Fanatick , Sectary or Disturber of the Peace , Fanatick , Sectaries . or seizing of Arms , or searching of houses for Arms , or for suspected persons , shall be construed to Commence and take effect , and shall be good and effectual in Law for the Indempnifying of all persons whatsoever acting in the Militia of this Kingdom for any the matters aforesaid , betwixt the second day of February , One thousand six hundred fifty nine , and the four and twentieth of June , One thousand six hundred and sixty inclusive , by vertue or colour of any Authority or Command whatsoever , any thing in the said Act , or in any other Act to the contrary thereof in any wise notwithstanding .

And be it further Enacted by the Authority aforesaid , That the several forfeitures , How the forfeitures and penalties upon this Act may be levyed . Penalties and payments by this present Act Imposed , Set or Directed , ( not otherwise by this present Act provided to be Levied , Sued for or Recovered ) shall or may , in case of default , be Levied or Recovered by Warrant under the hands and Seals of the respective Lieutenants and Deputy-Lieutenants , or any thrée or more of them , upon the Goods and Chattels of the Offender , and by Sale of the same , rendring the party the overplus , if any be ; And if sufficient of the Goods and Chattels of such Offender cannot be found or had , whereof to levy such forfeiture , payment or penalty , then the said respective Lieutenants and Deputy-Lieutenants , or any thrée or more of them shall have power , and are hereby authorized by like Warrant under their hands and seals to commit such Offender to Prison untill he shall make satisfaction , according to the said forfeiture , payment or penalty .

And it is further Declared and Enacted , That all and every person and persons which since the five and twentieth day of March , One thousand six hundred sixty and two , have acted or done any thing in the dismantling of any Cities or Towns , or demolishing of Walls and Fortifications thereof or relating thereunto , shall be , and are hereby indempnified and saved harmless . And whereas some doubt hath arisen upon the said Act , what Estates shall be charged with or toward Foot ;

Be it therefore Enacted and Declared by the Authority aforesaid , How persons may be charged with arms and for what estates . That no person who hath an Estate of the yearly value of two hundred pounds , or personal Estate of the value of two thousand four hundred pounds , chargeable by the said Act , shall be charged with or toward the finding any Foot ; and it shall be lawful for the respective Lieutenants and Deputies , or any three or more of them to charge according to the proportions in the said Act , any person who hath an Estate of the yearly value of one hundred pounds , and under the yearly value of two hundred pounds , or who hath a personal Estate of twelve hundred pounds , and under the value of two thousand four hundred pounds , chargeable by the said Act , with , or towards the finding of Foot , or toward the finding of Horse , as to their judgment shall séem most expedient for his Majesties Service . Yet nevertheless , this shall not be construed to extend to make any alterations in the provisions in the said or this Act , concerning the Forces to be charged or raised in Cities , Corporations and Port-Towns .

Provided always , and be it Enacted by the Authority aforesaid , That the Lord Warden of the Cinque-Ports to antient Towns and their Members , and in his absence , The Cinque-Ports . his Lieutenant or Lieutenants , shall and may put in execution within the said Ports , Towns and Members , all the Powers and Authorities given and granted by this and the said former Act , and to execute and perform all and every the things therein contained in the like manner , as the respective Lieutenants of the Counties and their Deputies may do , and may kéep up and continue the usual numbers of Souldiers in the said Ports , Towns and Members unless they find cause to lessen the same : And that the Inhabitants of the said Ports , Towns and Members , being in regard of their scituation on the Sea-coasts charged with a greater proportion of Arms and Armed men , then other parts of the Kingdom , shall not be charged with Arms or Armed men in the Counties adjacent for their Estates there lying , save only for such proportion as they are lyable unto , and either are not or shall not be charged with , within the said Ports , Towns and Members ; Any thing in this Act contained to the contrary in any wise notwithstanding .

St. Martins Parish in Stamford Baron in Lincolnshire . Provided always , and be it Enacted by the Authority aforesaid , That the Inhabitants and Revenues of , or in the Parish of Saint Martin , called Stamford Baron , in the Suburbs of the Borough and Town of Stamford , on the South-side of the Waters there called Welland , may be Assessed and Charged to find and serve in the Trained Bands of the County of Lincoln as formerly , according to the said mentioned Act , and this present Act , by the Lieutenant and Deputy-Lieutenants for the County of Lincoln for the time being , in such manner as any persons or estates within the said County of Lincoln may be by them assessed and charged to the purposes aforesaid : And they of Saint Martin aforesaid , are hereby declared to be well and legally assessed and charged by the said Lieutenant and Deputy-Lieutenants respectively .

CAP. V.

For Regulating Select Vestries .

FOr prevention of the evils which may arise from Vestry-men , not Conforming to the Government and Discipline of the Church of England , as it now is by Law established ;

Be it Enacted by the Kings most Excellent Majesty , by the Advice , and with the Consent of the Lords Spiritual and Temporal , and of the Commons in this present Parliament Assembled , That all and every person who now is a Vestry-man or member of any Vestry within any Parish in the Cities of London and Westminster , Borough of Southwark and wéekly Bills of Mortality , and in all other Cities , Boroughs and Towns Corporate , where Select Vestries are used , in the Kingdom of England , All Vestry-men shall take and subscribe the Declaration in 14 Car. 2. c. 4. on or before the Nine and twentieth day of September next ; And all and every person , who at any time hereafter shall be elected to be a Vestry-man , or member of any Vestry within any Parish in any the places aforesaid , within one moneth after such his Election , shall before the respective Archbishop , Bishop or Ordinary , Vicar-General or Chancellor of the Diocess , make and subscribe the Declaration and Acknowledgment enjoyned in the late wholsom good Act , Entituled , ( An Act for the Uniformity of Publick Prayers , and Administration of Sacraments , and other Rites and Ceremonies , and for establishing the Form of Making , Ordaining and Consecrating Bishops , Priests and Deacons in the Church of England ) in these words following ,

I A. B. Do declare , That it is not lawful upon any pretence whatsoever to take up Arms against the King ; and that I do abhor that Traiterous Position , of taking Arms by His Authority against His Person , or against those that are Commissionated by him ; And that I will conform to the Liturgy of the Church of England , as it is now by Law established ; And I do declare , That I do hold , there lies no Obligation upon me , or on any other person , from the Oath , commonly called , The Solemn League and Covenant , to endeavour any change , or alteration of Government , either in Church , or State ; And that the same was in it self an unlawful Oath , and Imposed upon the Subjects of this Realm against the known Laws , and Liberties of this Kingdome .

The penalty . And that all and every such person , who shall neglect or refuse to do the same within the respective times aforesaid , shall ( ipso facto ) be deprived of such his place of Vestry-man , and of being a Member of such Vestry , to all intents and purposes , And such place shall be actually void , as if such person were naturally dead , Any Vsage or Custom to the contrary notwithstanding : And that from and after such neglect or refusal , it shall be lawful for all persons , who shall have right of Election or nomination of such Vestry-man , or member of such Vestry , to procéed to election or nomination of some other discréet person of the respective Parish , in the room of such person so neglecting or refusing as aforesaid . And if such person so to be elected in the room of such person so neglecting or refusing as aforesaid , shall also neglect or refuse to make and subscribe the said Declaration and Acknowledgment , in manner and time aforesaid , whereby such place shall again become void ; or if such persons who shall have right of Election or nomination as aforesaid , shall not procéed to Election within one moneth after such vacancy , then it shall be lawful to and for the respective Archbishop , Bishop or Ordinary of the Diocess , under his hand and Seal to Elect and nominate a discréet person of the respective Parish in such vacant room ; which person so to be elected and nominated , after his making and subscription in manner and time aforesaid , shall be , and shall to all intents and purposes be reputed , déemed and taken to be a Vestry-man , or member of such Vestry in like manner as if he had béen chosen by the respective Electors ; Any Law , Custom or Vsage to the contrary notwithstanding .

And be it Enacted by the Authority aforesaid , That the respective Arch-bishop , Bishop or Ordinary , Vicar-General or Chancellor of the Diocess , shall upon request to him made by any Vestry-man , so making and subscribing the said Declaration and Acknowledgment aforesaid , deliver a Certificate of his so doing , for which no Fée shall be paid .

Provided always , That nothing in this Act shall be construed to give any new power to any Select Vestry-man , or to confirm any usurped power heretofore exercised by any Select Vestry-man , which before the making of this Act is not Warranted by the Law of the Land .

Provided also , The continuance of this Act. That this Act shall continue in force to the end of the first Session of the next Parliament , and no longer .

CAP. VI.

An Act for Relief of such Persons , as by Sickness or other Impediment were disabled from Subscribing the Declaration in the Act of Uniformity , and Explanation of part of the said Act.

VVHereas by an Act of this present Parliament , Entituled , An Act for Uniformity of Publick Prayer and Administration of the Sacraments , and other Rites and Ceremonies , 14 Car. 2. c. 4. and for establishing the Form of Making , Ordaining and consecrating Bishops , Priests and Deacons in the Church of England , It was Enacted , That every Dean , Canon and Prebendary of every Cathedral or Collegiate Church , and all Masters and Fellows of any Colledg , Hall , House of Learning or Hospital , and every Parson , Vicar , Curate , and every other person in Holy Orders , who upon the first day of May , which should be in the year of our Lord God , One thousand six hundred sixty and two , or at any time thereafter should be Incumbent or have possession of any Deanry , Canonry , Prebendry , Mastership , Fellowship , Parsonage , Vicarage or any other Ecclesiastical Dignity or Promotion , should before the Feast day of Saint Bartholomew , which should be in the year of our Lord , One thousand six hundred sixty and two , subscribe the Declaration or acknowledgment in the said Act mentioned and expressed , before their respective Archbishops , Bishops , Ordinaries or Vice-Chancellors of the respective Vniversities ; upon pain that all and every of the persons aforesaid , failing in such subscription , should lose and forfeit such respective Deanry , Canonry , Prebendry , Mastership , Fellowship , Parsonage , Vicarage , Ecclesiastical Dignity or Promotion , and should be utterly disabled , and ipso facto deprived of the same ; And that every such respective Deanry , Canonry , Prebendry , Mastership , Fellowship , Parsonage , Vicarage , Ecclesiastical Dignity or Promotion should be void , as if such person so failing were naturally dead . And that after such subscription made , every such Parson , Vicar , Curate and Lecturer , should procure a Certificate under the hand and Seal of the respective Archbishop , Bishop or Ordinary of the Diocess , and should publickly and openly read the same , together with the Declaration or acknowledgment aforesaid , upon some Lords-Day within thrée moneths then next following , in his Parish Church where he was to officiate , in the presence of the Congregation there assembled in the time of Divine-Service ; upon pain that every person failing therein , should lose such Parsonage , Vicarage or Benefice respectively , and should be utterly disabled , and ipso facto deprived of the same ; And that the said Parsonage , Vicarage or Benefice should be void , as if he were naturally dead .

And whereas divers persons of eminent Loyalty to his Majesty , and of known affection to the Liturgy of the Church of England , who by the said Act were required to subscribe the said Declaration or Acknowledgment , at the time of the passing of the said Act were out of this Realm , in Ireland or other parts beyond the Seas upon lawful and justifiable occasions , and had no knowledg or notice thereof until their return into England , being after the said Feast of St. Bartholomew ; And divers other of the said Loyal and wel-affected persons , by reason of sickness , imprisonment , disability of body or otherwise , could not or did not resort unto their respective Archbishops , Bishops or Ordinaries , or Vice-Chancellors of the respective Vniversities before whom such subscription was appointed by the said Act to be made : All which said persons are by force of the said Act utterly disabled , and ipso facto deprived of their respective Deanries , Canonries , Prebendries , Masterships , Fellowships , Parsonages , Vicarages or other Ecclesiastical Benefices or Promotions , by reason of such their omission :

For remedy whereof , and for the relief of such persons , Be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , and by Authority of the same , That all Deans , Canons , Prebendaries , Masters and Fellows of any Colledges , Halls or other Houses of Learning ; and all Parsons , Vicars and other Ecclesiastical persons aforesaid , who at the time of the passing of the said Act being in Ireland or any the parts beyond the Seas , did not return into this Kingdom before the said Feast of Saint Bartholomew , One thousand six hundred sixty and two , or who being in England , by Imprisonment , Sickness , Disability of Body or otherwise , did not resort unto their respective Archbishop , Bishop , Ordinary or Vice-Chancellor of the said respective Vniversities , to subscribe the said Declaration and Acknowledgment , before the said Feast in the year of our Lord aforesaid , shall be , and are hereby declared to be restored unto , and preserved in their respective Deanries , Canonries , Prebendries , Masterships , Fellowships , Parsonages , Vicarages and other Ecclesiastical Benefices and Promotions , whereunto no other person or persons before the first day of August in the year of our Lord , One thousand six hundred sixty and thrée , were or shall be lawfully Instituted , Inducted , Collated or placed : And shall and may hold and enjoy the same according to his and their former right ; The aforesaid Act , or any thing therein contained to the contrary notwithstanding .

Provided , That every such Dean , Canon , Prebendary , Master and Fellow of any Colledg , Hall or House of Learning , and all Parsons , Vicars and Curates , and other Ecclesiastical persons , who are or shall by vertue of this Act be restored to , or preserved in their said several and respective Promotions , shall before the Feast of the Nativity of our Lord next ensuing , if he be in England , or if beyond the Seas , within forty dayes after his return into England , subscribe the said Declaration or Acknowledgment before the respective Archbishop , Bishop or Ordinary of the Diocess , or Vice-Chancellor aforesaid respectively ; And that every such Parson , Vicar , Curate or Lecturer shall procure a Certificate under the Hand and Seal of the respective Archbishop , Bishop or Ordinary of the Diocess ( who are hereby required and enjoyned upon demand , to make and deliver such Certificate , ) And shall publickly and openly read the same , together with the Declaration or acknowledgment aforesaid , upon some Lords day within thrée moneths then next following such subscription in his Parish Church where he is to officiate , in the presence of the Congregation then assembled in the time of Divine Service .

And be it further Enacted and Declared by the Authority aforesaid , That every subscription already made or hereafter to be made before any Vicar-General or Chancellor to any Archbishop or Bishop , or Commissary to the Archbishop of Canterbury or any other Bishop , is and shall be as effectual and beneficial in Law to all intents and purposes to every person and persons which have or shall make such subscription as aforesaid , as if the same had béen made before the Archbishop or Bishop of the Province or Diocess respectively , Any thing in the aforesaid Act to the contrary notwithstanding .

Provided also , That every person who shall have benefit by this Act , shall make such allowance for serving the Cure since the 24th of August 1662. as shall be judged fit by the Ordinary of the place , and shall pay and discharge all Tenths , Pensions and other Charges , wherewith the Benefice to which he is by this Act restored , hath béen or might be legally charged since the day aforesaid .

Persons prohibited to Preach . 14 Car. 2. c. 4. And whereas some doubt hath arisen , whether persons prohibited to preach by the said Act , are in the same plight as to punishment , with persons disabled by the said Act to preach ; Be it Declared and Enacted by the Authority aforesaid , That the penalties by the said Act to be inflicted upon any person disabled by the said Act to preach for any offence against the said Act , shall in like manner be inflicted upon every person so offending , that is prohibited by the said Act to preach , Any thing , doubt or ambiguity in the said Act to the contrary notwithstanding .

CAP. VII .

Trade Encouraged .

Tillage . FOrasmuch as the encouraging of Tillage ought to be in an especial manner regarded and endeavoured ; and the surest and effectuallest means of promoting and advancing any Trade , Occupation or Mystery , being by rendring it profitable to the Vsers thereof ; And great quantities of Land within this Kingdom for the present lying in a manner waste , and yielding little , which might thereby be improved to considerable profit and advantage ( if sufficient Encouragement were given for the laying out of Cost and labour on the same ) and thereby much more Corn produced , greater numbers of people , horses and cattel imployed , and other Land also rendred more Valuable .

Be it Enacted by the Kings most Excellent Majesty , with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , and by the Authority thereof ; And it is hereby Enacted , That from and after the first day of September , in the year of our Lord , 1663. and from thence forward , when the prizes of Corn and Grain Winchester measure , Corn not exceeding certain rates , may be transported . do not excéed the rates hereafter following , at the Havens or places where the same shall be shipped or loaden , ( viz , ) The Quarter of Wheat , Eight and forty shillings ; The Quarter of Barley or Malt , Eight and twenty shillings ; The Quarter of Buck-wheat , Eight and twenty shillings ; The Quarter of Oats , Thirtéen shillings and four pence ; The Quarter of Rye , Two and thirty shillings ; The Quarter of Pease or Beans , Two and thirty shillings currant English money ; That then it shall be lawful for all and every person and persons to ship , load , carry and transport any of the said Corns or Grains from the Havens or places where they shall be of such prizes , unto any parts beyond the Seas as Merchandise , Any Law , Statute or Vsage to the contrary notwithstanding , paying such Rates for the same , and none other , as are to be paid when the same might have béen Transported by one Act passed this present Parliament , Entituled , 12 Car. 2. c 4. A Subsidy granted to the King of Tunnage and Poundage .

When corn may be imported , and what custom to be paid . And it is hereby further Enacted by the Authority aforesaid , That when the prizes of the aforesaid Corns and Grains do not excéed the Rates above mentioned respectively Winchester-measure , at the Haven or place into which any of them shall be imported from any part beyond the Seas , there shall be paid for the Custom and Poundage of every Quarter of Wheat , five shillings and four pence ; and for every Quarter of Rye , four shillings ; and for every Quarter of Barley or Malt , two shillings and eight pence ; and for every Quarter of Buck-wheat , two shillings ; and for every Quarter of Oats , one shilling four pence ; and for every Quarter of Pease or Beans , four shillings .

And it is hereby further Enacted by the Authority aforesaid , That when the prizes of Corn or Grain Winchester-measure , do not excéed the rates following at the Markets , Havens or Places where the same shall be bought , ( viz. ) The Quarter of Wheat , Eight and forty shillings ; the Quarter of Rye , two and thirty shillings ; the Quarter of Barley or Mault , eight and twenty shillings ; the Quarter of Buck-wheat , eight and twenty shillings ; the Quarter of Oats , thirtéen shillings and four pence ; the Quarter of Pease or Beans , two and thirty shillings ; That then it shall be lawful for all and every person and persons ( not Forestalling nor Selling the same in the same Market within thrée moneths after the buying thereof ) to buy in open Market , and to lay up and kéep in his or their Granaries or Houses , and to sell again such Corn or Grain of the kinds aforesaid , as without fraud or coven shall have béen bought at or under the prïces before expressed , without incurring any penalty ; Any Law , Statute or Vsage to the contrary notwithstanding .

And in regard his Majesties Plantations beyond the Seas are inhabited and peopled by his Subjects of this his Kingdom of England ; Plantations beyond the Sea . For the maintaining a greater correspondence and kindness betwéen them , and kéeping them in a firmer dependance upon it , and rendring them yet more beneficial and advantagious unto it in the further employment and encrease of English Shipping and Sea-men , Vent of English Woollen , and other Manufactures and Commodities , rendring the Navigation to and from the same more safe and cheap , and making this Kingdom a Staple , not only of the Commodities of those Plantations , but also of the Commodities of other Countries and Places , for the supplying of them ; and it being the usage of other Nations to kéep their Plantations Trade to themselves .

Be it Enacted , and it is hereby Enacted , Comodities of the growth and manufacture of Europe , how to be imported in English built shipping . That from and after the five and twentieth day of March , One thousand six hundred sixty four , no Commodity of the Growth , Production or Manufacture of Europe , shall be Imported into any Land , Island , Plantation , Colony , Territory or Place to his Majesty belonging , or which shall belong hereafter unto , or be in the Possession of his Majesty , his Heirs and Successors , in Asia , Africa or America , ( Tangier only excepted ) but what shall be bona fide , and without fraud , Laden and Shipped in England , Wales or the Town of Berwick upon Tweed , and in English built Shipping , or which were bona fide bought before the first day of October , One thousand six hundred sixty and two , and had such Certificate thereof , as is directed in one Act passed the last Sessions of this present Parliament , Entituled , 14 Car. 2. c. 11 An Act for preventing Frauds , and regulating Abuses in His Majesties Customs ; and whereof the Master and thrée Fourths of the Mariners at least are English , and which shall be carried directly thence to the said Lands , Islands , Plantations , Colonies , Territories or Places , and from no other place or places whatsoever ; Any Law , Statute or Vsage to the contrary notwithstanding , The penalty . under the Penalty of the loss of all such Commodities of the Growth , Production or Manufacture of Europe , as shall be imported into any of them from any other place whatsoever , by Land or Water ; And if by water , of the ship or vessel also in which they were Imported , with all her Guns , Tackle , Furniture , Ammunition and Apparel , one third part to his Majesty , his Heirs and Successors , one third part to the Governor of such Land , Island , Plantation , Colony , Territory or place into which such Goods were Imported , if the said ship , vessel or goods be there seised or informed against and sued for ; Or otherwise , That third part also to his Majesty , his Heirs and Successors ; and the other third part to him or them who shall seise , inform or sue for the same in any of his Majesties Courts in such of the said Lands , Islands , Colonies , Plantations , Territories or Places where the Offence was committed , or in any Court of Record in England , by Bill , Information , Plaint or other Action , wherein no Essoign , Protection or Wager in Law shall be allowed .

Provided always , and be it hereby Enacted by the Authority aforesaid , That it shall and may be lawful to ship and lade in such ships , and so navigated as in the foregoing Clause is set down and expressed in any part of Europe , Salt for the Fisheries of New-England and New-found-land , Salt for Fisheries . and to ship and lade in the Madera's , Wines of the growth thereof ; and to ship and lade in the Western Islands or Azores , Wines of the growth of the said Islands ; and to ship and take in Servants or Horses in Scotland or Ireland , and to ship or lade in Scotland all sorts of Victual of the Growth or Production of Scotland , and to ship or lade in Ireland all sorts of Victual of the Growth or Production of Ireland , and the same to Transport into any of the said Lands , Islands , Plantations , Colonies , Territories or places ; Any thing in the foregoing Clause to the contrary in any wise notwithstanding .

And for the better prevention of Frauds , Be it Enacted , and it is hereby Enacted , Prevention of frauds . That from and after the five and twentieth day of March , One thousand six hundred sixty and four , every person or persons importing by Land any Goods or Commodities whatsoever , into any the said Lands , Islands , Plantations , Colonies , Territories or Places , shall deliver to the Governour of such Land , Island , Plantation , Colony , Territory or Place , or to such person or Officer as shall be by him thereunto authorized and appointed , within four and twenty hours after such Importation , his and their Names and Sirnames , and a true Inventory and particular of all such Goods or Commodities ; And no Ship or Vessel coming to any such Land , Island , Plantation , Colony , Territory or Place , shall lade or unlade any Goods or Commodities whatsoever , until the Master or Commander of such Ship or Vessel shall first have made known to the Governour of such Land , Island , Plantation , Colony , Territory or Place , or such other person or Officer as shall be by him thereunto authorized and appointed , the arrival of the said Ship or Vessel , with her Name , and the Name and Sirname of her Master or Commander , and have shewen to him that she is an English-built Ship , or made good by producing such Certificate as abovesaid , that she is a Ship or Vessel bona fide belonging to England , Wales or the Town of Berwick , and navigated with an English Master , and thrée fourth parts of the Mariners at least English-men , and have delivered to such Governour or other person or Officer , a true and perfect Inventory or Invoyce of her Lading , together with the place or places in which the said Goods were laden or taken into the said Ship or Vessel , under the pain of the loss of the Ship or Vessel , with all her Guns , Ammunition , Tackle , Furniture and Apparel , and of all such Goods of the growth , Production or Manufacture of Europe as were not bona fide laden and taken in , in England , Wales or the Town of Berwick , to be recovered and divided in manner aforesaid ; And all such as are Governours or Commanders of any the said Lands , Islands , Plantations , Colonies , Territories or Places ( Tangier only excepted ) shall before the Five and twentieth day of March , One thousand six hundred sixty and four , and all such as shall hereafter be made Governours or Commanders of any of them , shall before their entrance upon the Execution of such trust or charge , take a solemn Oath before such person or persons as shall be authorized by his Majesty , his Heirs and Successors to administer the same , to do their utmost within their respective Governments or Commands , to cause to be well and truly observed , what is in this Act Enacted , in relation to the Trade of such Lands , Islands , Plantations , Colonies , Territories and Places , under the penalty of being removed out of their respective Governments and Commands . And if any of them shall be found after the taking of such Oath , to have wittingly and willingly offended contrary to what is by this Act required of them , That they shall for such offence be turned out of their Governments , and be incapable of the Government of any other Land , Island , Plantation or Colony ; and moreover , forfeit the sum of one thousand pounds of lawful money of England , the one moyety to his Majesty his Heirs and Successors , and the other moyety to him or them that shall inform or sue for the same in any of his Majesties Courts in any of the said Plantations , or in any Court of Record in England , wherein no Essoign , Protection or Wager in Law shall be allowed .

Penalty upon Officers of the Customs . And it is hereby further Enacted , That if any Officer of the Customs in England , Wales or Town of Berwick upon Tweed , shall give any Warrant for , or suffer any Sugar , Tobacco , Ginger , Cotton-wool , Indico , Speckle-wood or Jamaica Wood , Fustick or other Dying Wood of the growth of any of the said Lands , Islands , Colonies , Plantations , Territories or Places , to be carryed into any other Countrey or place whatsoever , until they have béen first unladen bona fide , and put on shore in some Port or Haven in England or Wales , or in the Town of Berwick , That every such Officer for such offence shall forfeit his place , and the value of such of the said goods as he shall give Warrant for , or suffer to pass into any other Countrey or place , the one moyety to his Majesty his Heirs and Successors , and the other moyety to him or them that shall inform or sue for the same in any Court of Record in England or Wales , wherein no Essoign , Protection or Wager in Law shall be allowed .

Encouragement of Plantations , and encrease of Shipping . And for the better encouragement of the said Plantations , and the increase of the Shipping and Navigation of this Kingdom , Be it Enacted , and it is hereby Enacted by the Authority aforesaid , That from and after the five and twentieth day of March , one thousand six hundred sixty and four , it shall and may be lawful out of any Port of England or Wales , or out of the Town of Berwick , Sea-coals . to ship and lade Sea-coals for any part of them , paying for the Chalder . Newcastle measure , one shilling eight pence , and for the Chalder , London-measure , one shilling and no more , in full of all Custom and Poundage for the same , Any Law , Statute or Prohibition to the contrary in any wise notwithstanding .

Provided , That such Sea-coals be shipped in such shipping , and so Navigated as abovesaid ; And that good security be given to the Officers of the Customs in such Port in which they are shipped , for the landing them in the said Plantations , and not elswhere .

And forasmuch as several considerable and advantagious Trades cannot be conveniently driven and carried on without the Species of Money or Bullion , and that it is found by experience , that they are carried in greatest abundance ( as to a common Market ) to such places as give frée liberty for exporting the same , and the better to kéep in and increase the current Coins of this Kingdom , Be it Enacted , and it is hereby Enacted , That from and after the first day of August , one thousand six hundred sixty and thrée , it shall and may be lawful to and for any person or persons whatsoever , to Export out of any Port of England or Wales , in which there is a Customer or Collector , or out of the Town of Berwick , all sorts of Foreign Coyn or Bullion of Gold or Silver , Foreign coin or bullion may be exported . first making entry thereof in such Custom-house respectively , without paying any Duty , Custom , Poundage or Fée for the same , Any Law , Statute or Vsage to the contrary notwithstanding .

And lastly , Whereas a very great part of the richest and best Land of this Kingdom , is , and cannot so well be otherwise imployed and made use of as in the Féeding and Fattening of Cattel ; And that by the coming in of late of vast numbers of Cattel already fatted , such Lands are in many places much fallen , and like daily to fall more in their Rents and Values , and in consequence other Lands also , to the great prejudice , detriment and impoverishment of this Kingdom ; Be it further Enacted by the Authority aforesaid , and it is hereby Enacted , That for every head of great Cattel ( except such as are of the bréed of Scotland ) that shall be imported or brought into England , Penalties upon importation of Foreign cattel at certain times . Wales or the Town of Berwick upon Tweed , after the first day of July , and before the twentieth day of December in any year ; And for every head of great Cattel of the bréed of Scotland that shall be imported or brought into England , Wales or the Town of Berwick , after the four and twentieth day of August , and before the twentieth day of December in any year , there shall be paid to his Majesty , his Heirs and Successors the sum of twenty shillings ; And the sum of ten shillings to him or them that shall inform or seise the same ; And the sum of ten shillings to the Poor of the Parish where such Seisure or Information shall be made , to be recovered and levied by Bill , Plaint , or other Action , wherein no Essoign , Protection or Wager in Law shall be allowed .

And moreover , That there shall be paid to his Majesty , his Heirs and Successors , for every Shéep which shall be Imported into England , Wales , or the Town of Berwick aforesaid , after the First day of August , and before the Twentieth day of December in any year , the sum of Ten shillings of lawful money of England , to be recovered and levied in manner aforesaid .

Provided always , That this Act , in so far as it relates to great Cattel or Shéep , The continuance of this Act as to importation of cattel . Encouragement of Herring Fisheries shall not take place till the First day of July , One thousand six hundred sixty and four , nor continue longer then the end of the First Session of the next Parliament .

And for the encouragement of the Herring and North-Sea Island , and Westmony Fisheries , Be it Enacted , and it is hereby Enacted by the authority aforesaid , That from and after the First day of August , which shall be in the year of our Lord , One thousand six hundred sixty and four , no Fresh Herring , Fresh Cood or Haddock , Coal-fish or Gull-fish , shall be Imported into England , Wales , or the Town of Berwick , but in English-built Ships or Vessels , or in Ships or Vessels bona fide belonging to England , Wales , or the Town of Berwick , and having such Certificate thereof as is abovesaid , and whereof the Master and thrée Fourths at the least of the Mariners are English , and which hath béen fished , caught and taken in such Ships or Vessels , and so navigated , and not being ●ought or had of any strangers born , or out of any strangers Bottoms , under the pain of the forfeiture of all such Herring , Codd , Haddock , Coal-fish , or Gull-fish imp●●ted , contrary to the true intent and meaning hereof , and of the Ship or Vessel in which it was Imported ; One moyety of which forfeitures shall be to his Majesty , his Heirs and Successors , and the other moyety to him or them that shall inform , seise , or sue for the same , to be recovered by Bill , Plaint , or other Action , wherein no Essoign , Protection or Wager in Law shall be allowed .

And be it further Enacted , and it is hereby Enacted by the Authority aforesaid , Duties to be paid upon importation of salted or dried Fish . That for the following sorts or kinds of salted or dried Fish , which from and after the said First day of August shall be imported into England , Wales , or the Town of Berwick , in any other Ship or Vessel then what is English-built , or belonging to England , Wales , or Town of Berwick , and having such Certificate thereof as abovesaid , and whereof the Master and thrée fourths of the Mariners at least are English , and not having béen fished and caught in such Ships or Vessels , and so navigated , there shall be paid by way of Custom and Impost the several sums of money herein after particularly mentioned , ( that is to say ) for Cod-fish , the Barrel Five shillings ; for Cod-fish , the last containing twelve Barrels , Thrée pounds ; for Cod-fish , the hundred containing sixscore , Ten shillings ; for Coal-fish , the hundred containing sixscore , Five shillings ; for Lings , the hundred containing sixscore , One pound ; for White Herrings , the Last containing twelve Barrels , One pound sixtéen shillings ; for Haddocks , the Barrel , Two shillings ; for Gull-fish , the Barrel , Two shillings .

And forasmuch as planting and making Tobacco within this Kingdom of England doth continue and increase , to the apparent loss of his said Majesty in his Customs , the discouragement of the English Plantations in the parts beyond the Seas , and prejudice of this Kingdom in general , notwithstanding an Act of Parliament made in the Twelfth year of his said Majesties Reign for prevention thereof , Entituled , An Act for prohibiting the Planting , Setting , 12 Car. 2. cap. 34. The further penalty for planting Tobacco in England . or Sowing of Tobacco in England and Ireland . And forasmuch as it is found by experience , that the reason why the said planting and making of Tobacco doth continue , is , That the penalties prescribed and appointed by that Law are so little , as have neither power or effect over the transgressors thereof : For remedy therefore of so great an evil , Be it Enacted by the Authority aforesaid , That all and every the person or persons whatsoever , that do , or shall at any time hereafter Set , Plant , or Sow any Tobacco in Séed , Plant , or otherwise , in or upon any ground , field , earth , or place within the Kindom of England , Dominion of Wales , Islands of Guernsey and Jersey , or Town of Berwick upon Tweed , or Kingdom of Ireland , shall over and above the penalty of the said Act for that purpose ordained , for every such offence forfeit and pay , the sum of Ten pounds for every Rod or Pole of ground that he or they shall so Plant , Set or Sow with Tobacco , and so proportionably for a greater or lesser quantity of ground ; one third part thereof to the Kings Majesty , one other third part thereof to the use of the poor of such respective Parish or Parishes wherein such Tobacco shall be so Planted , Set or Sowed ; and the other third part thereof to him or them that shall sue for the same , to be recovered by Action of Debt , Bill , Plaint or Information in any of his said Majesties Courts of Record at Westminster , wherein no Essoign , Protection or Wager of Law shall be allowed .

And it is hereby further Enacted , That in case any person or persons shall resist or make forceable opposition against any person or persons in the due and through Execution of the said Act of the Twelfth of his said Majesties Reign , that he , she , or they so resisting and making forceable opposition , shall over and above the penalties therein mentioned for such Offences , be committed to the Common Gaol of the County where such offence shall be committed , there to remain without Bail or Mainprise , untill he , she , or they have entred into a Recognizance to his Majesty , his Heirs and Successors , with two sufficient Sureties of Ten pounds penalty , not to do or commit the like offence again .

Proviso for Tobacco planted in Physick Gardens . Provided alwayes , That this Act nor any thing therein contained , shall not extend to the hindrance or prejudice of Planting Tobacco in any Physick-Garden of either of the Vniversities , or any other private Garden for Chirurgery , so as the quantity so planted excéed not the half of one Pole in any one place or Garden .

Cattel imported from the Isle of Man . Provided also , and be it Enacted , That it shall and may be lawful to import Cattel of the bréed of the Isle of Man , not excéeding six hundred in any one year ; And Corn of the growth of that Island out of that Island into England ; so as the said Cattel be landed at Chester , Liverpool or Wirewater ; Any thing in this Act to the contrary thereof in any wise notwithstanding .

CAP. VIII .

Butchers may not sell live fat Cattel .

3 & 4 E. 6. cap. 19. VVHereas by an Act made in the Third and Fourth years of the Reign of King Edward the Sixth , It is Enacted , That no Person using the Craft or Mystery of a Butcher , should buy any fat Oxen , Stéers , Runts , Kine , Heisers , Calves , or Shéep , and sell the same again alive , upon pain of forfeiture of the Cattel so sold ; which Law hath not wrought such effectual Reformation as was intended , by reason of the difficulty in the proof of such Buying and Selling , being for the most part at places far distant , if not in several Counties , by means whereof the Parties so offending have escaped unpunished .

Be it therefore Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament Assem●led , and by Authority of the same , That no Person using the Trade of a Butcher shall at any time from and after the Feast of Saint Michael the Arch-Angel next ensuing , Sell , Offer or Expose to sale in any Market , or elsewhere , either by himself , or any Servant or Agent whatsoever , any fat Oxen , Stéers , Runts , Kine , Heifers , Calves , Shéep , or Lambs alive , upon pain to forfeit the double Value of the Cattel so Sold or Offered , Penalty upon Butchers for selling live fat cattel . or Exposed to Sale as aforesaid ; The one moyety of which forfeiture shall be to the Kings Majesty , his Heirs and Successors , and the other moyety to him or them that will sue for the same in any of his Majesties Courts of Record , by Bill , Plaint , Action of Debt or Information , wherein no Essoign , Protection or Wager of Law shall be allowed .

CAP. IX .

Four intire Subsidies granted to His Majesty by the Temporalty . EXP.

CAP. X.

An Act for Confirming of Four Subsidies , Granted by the Clergy . EXP.

CAP. XI .

An Additional Act for the better Ordering and Collecting the Duty of Excise , and preventing the Abuses therein .

12 Car. 2. cap. 24. FOr the preventing of the Frauds and Deceits of Brewers , and other persons who make Béer and Ale , and other Exciseable Liquors to sell , and of the abuses committed by the Officers , Collectors , and Managers of the Excise , to the great decay of his Majesties Revenue of Excise , and obstruction of the due and orderly Collecting of the same , and for supply and amendment of certain defects in the Laws and Statutes relating to the Duty of Excise , as well for the support and advance of the said Revenue , as for the ease of the People ; Be it Enacted by the Kings most Excellent Majesty , by and with the Consent of the Lords Spiritual and Temporal , and of the Commons in this Parliament Assembled , and by Authority of the same , That no common Brewer , Inn-keeper , Victualler , or other Retailer of Béer or Ale , shall at any time after the First day of September , Notice to be geven of all brewing Vessels . One thousand six hundred sixty thrée , without giving notice thereof at the next Office of Excise , or to the Commissioners , Farmers , or Sub-Commissioners of Excise , or one of them , within the Limits and Iurisdiction of whose Office he or they do or shall Inhabit , Erect , Set up , Alter , or Enlarge any Tun , Fat , Back , Cooler or Copper , and shall make use of any of them for the Brewing or making any Béer or Ale , or Worts , or shall make use of , or kéep any private and concealed Store-house , Cellar , or other place for the laying of any Béer or Ale , or Worts in Cask , other then such as are already openly set up , erected and made use of in his common and usual Brew-house , and now openly discovered and known , upon pain to forfeit the sum of Fifty pounds for every Tun , The Penalty . Fat , Back , Copper and Cooler set up and made use of without such notice given as aforesaid , and contrary to the true intent and meaning hereof ; And that all and every other person or persons , in whose occupation any House , Messuage , Out-house , or other place whatsoever is or shall be , where any such private and concealed Tun , Back , Cooler or Store-house shall be found and discovered , shall also forfeit and lose the sum of Fifty pounds , to be levied and recovered in manner and form as in by this present Act is hereafter Directed and Ordained . And moreover , every such private and concealed Tun , Fat , Back , Copper or Cooler so discovered and found as aforesaid , or altered or enlarged , together with all Béer , Ale or Worts therein being , shall and may be taken up , seized , carried away , and delivered to the Overséers for the Poor , to be sold for the use of the Poor , or distributed amongst them .

And be it further Enacted by the Authority aforesaid , That from and after the Eighth day of November , in the year of our Lord , One thousand six hundred sixty and five , Commissioners for regulating may not Farm the Excise . 12 Car. 2. cap. 23. no person or persons whatsoever nominated by his Majesty to be in Commission for the Regulating of his Majesties Revenue of Excise , or for the exercise of any the Powers or Authorities mentioned in an Act , Entituled , A Grant of certain Impositions upon Beer , Ale , and other Liquors , for the increase of His Majesties Revenue during His life ; Or one other Act , Entituled , An Act for taking away the Court of Wards and Liveries , and Tenures in Capite by Knights Service and Purveyance , and for setling a Revenue upon his Majesty in lieu thereof , or in this present Act , 12 Car. 2. cap. 24. shall presume to Farm the said Revenue of his Majesty , either directly or indirectly , by obtaining Letters Patents to him or themselves thereof , or any person or persons whatsoever intrusted for him or them , or to or for his or their use , benefit or behoof ; Nor that any person or persons whatsoever , being a Farmer of the said Revenue , shall be any way capable to be nominated a Commissioner for the Regulating his Majesties said Revenue of Excise , or exercising any Powers or Authorities concerning the same : But if any person or persons who stands thus disabled as aforesaid , to be nominated a Commissioner , shall become a Farmer , and shall in either of the said cases nevertheless presume directly or indirectly to act as a Commissioner , Farmer , or Sub-Commissioner , to execute the Powers and Authorities aforesaid , either alone , or joyntly with other persons that are Farmers , or else with any other who are not Farmers , shall from and after such his acting , lose the benefit of his said Farm , The Penalty . and be thenceforth totally for ever disabled to be either Farmer of the said Revenue , or Commissioner for the regulating thereof , and exercizing the Powers aforesaid ; And that all and every act and acts done by any Commissioner or Commissioners , or Sub-Commissioners , being Farmer or Farmers , by him or themselves , or joyntly with others who are not Farmers , shall be void in Law , and of none effect ; And that all and every person or persons any way molested or troubled by the command and authority of such Commissioner or Commissioners acting by him or themselves , or together with others who are not Farmers or Commissioners , may bring his Action at Law for the same in any of his Majesties Courts at Westminster , and thereby recover his Damages against any such Commissioner or Commissioners , any Law or Statute to the contrary notwithstanding .

And that all and every Letters Patents to be made from and after the Tenth day of April , in the year of our Lord , One thousand six hundred sixty and thrée , enabling any Farmer or Farmers of the Excise to be Commissioner or Commissioners , or Sub-Commissioners , shall be utterly void and of none effect ; Any thing in any of the said Acts to the contrary notwithstanding .

And that if any Commissioner or Sub-Commissioner , Commissioners or Sub-Commissioners , who by colour or vertue of any Letters Patents are now both Commissioners or Sub-Commissioners for regulating the said Revenue , and likewise Farmers of the said Revenue , The penalty for giving any false and corrupt judgment to the Brewers damage . shall give any false and corrupt Iudgment in advancement of the benefit of his or their said Farm , to the Brewers damage , contrary to Law , he or they shall forfeit for every such Iudgment so falsly and corruptly given , double Costs to the Party so injured by the said corrupt and false Iudgment : And in case any person shall unjustly complain of any Iudgment of the Commissioners or Sub-missioners as aforesaid , and so shall be found upon his Appeal , the said party shall forfeit double Costs to the said Commissioners , for such unjust vexations , to be recovered by Information , Bill or Plaint , in any Court of Record .

And be it further Enacted by the Authority aforesaid , That from and after the First day of September , in the year of our Lord , One thousand six hundred sixty and thrée , The duty of Gagers in making Entries . all and every Gager or Gagers of the Excise , who shall take an accompt of any Béer or Ale brewed or made by any common Brewer , shall wéekly after such common Brewer hath made , or ought to have made his Entry at the Office of Excise , and not otherwise , make and deliver to such common Brewer at his house , or to some of his servants in his behalf , a true Copy under his or their hand , of such Return or Report as he or they have made thereof to the Commissioners or Sub-Commissioners of Excise respectively , upon pain to forfeit for every neglect or refusal the sum of Forty shillings .

Provided nevertheless , That no such common Brewer or Brewers shall be sued or prosecuted for any penalty or forfeiture by him or them incurred , for or by reason of any mis-entry , or short Entry , if he or they shall within the space of one wéek after the delivery of such Copy as aforesaid , certifie his or their Entry according to the said Return , or otherwise discharge himself .

Be it Enacted , That from and after the said First day of September , One thousand six hundred sixty thrée , and as often as there shall be occasion , Two able Artists shall be appointed , Skilful Gagers to be made , and to take an oath . one of them by His Majesties Commissioners , Farmers or Sub-Commissioners for Excise , and the other by the Brewers of any City or place ; which said Artists shall take an Oath , which Oath any one Iustice hath hereby power to administer , to take and compute the just Contents and Gage of all Coppers , Fats , Tuns , Backs and Coolers , and all other Brewing-Vessels of that nature , belonging to all or any Brewer or Brewers of Béer or Ale to sell , and to deliver , and give under their hands , one Copy of the particular Contents of all such Vessels to the aforesaid Commissioners , Farmers , and Sub-Commissioners , and another true Copy thereof to each and every such respective Brewer ; which Computation by the Artists aforesaid , shall answer and be according to the measures and proportions exprest in the said former Acts for Excise .

Commissioners or Farmers not to act as Iusticesces of the peace in matters touching the Excise . And be it further Enacted , That no Commissioner , Farmer or Sub-Commissioner for the Excise , or Common Brewer of Ale or Béer to sell , or Inn-kéeper whatsoever , shall from and after the said First day of September , have power to act in , or execute as a Iustice of the Peace , any of Powers , Clauses , or things contained in any of the Laws made for and concerning the Excise , or in this present Act ; And if any of the said persons shall presume to act or execute any thing contrary hereunto , It is hereby further Declared , That all such things so acted or executed by any of them , are and shall be utterly void and null to all intents and purposes .

And whereas by the said recited Acts it is Enacted , That no person shall be compelled by the Commissioners or Sub-Commissioners of Excise , to Travel for the making of his Entries , or Payment of the Duties of Excise , or other Clause whatsoever touching or concerning the same , if he live in a Market-Town , Market Towns . out of the said Town ; and if he live out of a Market-Town , then to no other place then to the next Market-Town to his habitation in the same County on the Market-day ; And nevertheless the Commissioners and Sub-Commissioners , or their Officers have not accordingly kept Officers in the Market-Towns in many Counties within England and Wales , whereby such Entries and Payments for the Duties of Excise might be had and made , and yet do take and levy the Penalties and Forfeitures in the said Acts mentioned , for non-Entry and Payment of the Duty , and do otherwise thereupon grieve and vex His Majesties Subjects , contrary to the true intent and meaning of the said Acts ;

Be it therefore Enacted by the Authority aforesaid , That from and after the said First day of September , in the year of our Lord , One thousand six hundred sixty and thrée , the Commissioners , Farmers or Sub-Commissioners in each County within England and Wales , shall constitute and appoint , Officers to attend in Market-Towns touching receits and duties of Excise . or depute under their hands and seals , such person or persons as they shall think néedful in each respective Market-Town , to be there upon every Market-day , in some known and publick place , for the receiving of the said Entries and Duties of Excise , and for performing all other matters and things touching the said Duty , according to the said Acts , and this present Act : which said person and persons so constituted or deputed ( and the place where they intend to hold or kéep such Office , being on the next Market-day after such Constitution or Deputation published in full and open Market ) shall attend at such Office on every Market-day , in such Market-Town , and shall keep the said Office open from Nine of the Clock in the morning , until Twelve of the Clock at Noon ; and from Two of the Clock in the Afternoon , until Five of the Clock in the Afternoon . And in case such Office shall not be so kept and attended in each Market-Town respectively , the Commissioners , Farmers , Sub-Commissioners , or other person or persons so neglecting or refusing to do the same , shall for every Market-day forfeit Ten pounds , the one half to the Kings Majesty , His Heirs and Successors , and the other half to him or them that will Inform and Sue for the same in any of His Majesties Courts of Record , by Action of Debt , Bill , Plaint or Information , wherein no Essoign , Protection or Wager of Law shall be admitted or allowed ; And such person as shall come to such Market-Town to make such Entry or Payment of the Duties , The Penalty . and shall tender the same according to the said Acts , and be able to prove such Tender by the Oath of one or more sufficient Witnesses , shall not be liable to any Penalty or Forfeiture imposed by the said Acts , for such wéekly or monthly Entries or Payments as should have béen made or paid on such Market-day ; any Article , Clause or Thing in any or either of the said Acts , or this present Act to the contrary notwithstanding .

And be it further Enacted by the Authority aforesaid , That from after the first day of September , At what times only Brewers may carry out their deer . No common Brewer of Béer or Ale , shall Sell , Deliver or Carry out any Béer or Ale to any his Customers , either in whole Cask , or by the Gallon , in any City , Town-Corporate , or Market-Town , before notice given to an Officer of Excise , but betwéen the hours of the day hereafter mentioned ( That is to say ) From the Twenty fifth day of March , to the Twenty ninth day of September yearly , betwéen the hours of Thrée of the Clock in the morning , and Nine of the Clock in the evening ; and from the Nine and twentieth day of September , to the Five and twentieth day of March yearly , betwéen the hours of Five of the Clock in the morning , and Seven of the Clock in the evening , upon pain that every Brewer doing contrary hereunto , shall for every such Offence forfeit and lose the sum of Twenty shillings for every Barrel of Béer or Ale that shall be so carried out contrary to the true meaning of this Act , to be Levied and Recovered as in and by this present Act is hereafter enacted and appointed .

And be it further Enacted by the Authority aforesaid . That if any common Brewer , Inn-Kéeper , Victualler , or other Retailer of Béer or Ale , shall at any time after the First day of September , after an accompt hath béen taken by the said Gager or Gagers , of the quantity and quality of the Béer , Mingling of strong and small worts . Ale or Worts found in his Tun , and other Brewing Vessels , convert any part of his small Béer or small Worts so taken accompt of , into strong Béer or Ale , by mingling , letting down , or striking over any such strong Ale , or strong Worts , into which , or amongst any such small Béer , or small Worts , and shall sell , deliver out , or retail the same , or any part thereof , without giving notice to the same Gager or Gagers of the quality so mingled and converted as aforesaid ; or if any such Brewer or Retailer as aforesaid , shall after the said time , hide , conceal , or convey any Béer , Ale or Worts not Gaged , from the sight or view of the Gager or Gagers appointed to take accompt of the same , whereby the Kings Majesty , or His Commissioners or Farmers shall or may be defrauded in any manner of wise , of the Duties due for the same , or any part thereof , every such common Brewer , Victualler and Retailer , for every Barrel of Béer or Ale by him or them so mingled , converted , sold , delivered , hid , concealed or conveyed away , contrary to the true intent and meaning hereof , shall forfeit and lose the sum of Twenty shillings , to be levied and recovered in manner and form as in and by this present Act is hereafter Ordained and appointed .

And be it further Declared and Enacted , That all and every the Brewing-Vessels , Brewing-Vessels and Vtensils subject to the debts and penalties of Excise . and Vtensils for Brewing , into whose hands soever the same shall come , & by what Conveyance or Title soever the same be claimed , shall be liable and subject unto , and are hereby charged with all and singular the Debts and Duties of Excise in arrear , and owing by any person or persons for any Béer or Ale made within the said Brew-house , and shall also be subject to all Penalties and Forfeitures incurred by such person or persons so using the said Brew-house , for any offence against the Laws and Statutes for Excise ; And that it shall be lawful in all cases to levy Debts and Penalties , and use such procéedings against the Vtensils therein contained , as it may be lawful to do in case the Debtor or Offender using the said Vtensils had been truly and really Owner and Proprietor of the same .

And be it further Enacted by Authority aforesaid , That after the first day of September , Brewers that brew for other Brewers . no common Brewer of Béer or Ale , nor any other person whatsoever , who hath or shall compound for the Duties of Excise for Béer or Ale by him brewed , or to be brewed , shall during the term of such Composition , Brew , or make , or suffer , or permit any Béer or Ale to be brewed or made within his Brew-house , for any other common Brewer whatsoever , without first giving notice , as well of every particular brewing , as of the quantity and quality of the Béer and Ale at every such Brewing intended to be brewed and made , unto the respective Commissioners , Farmers or Sub-Commissioners of Excise , within the Districts of whose Office such common Brewer doth or shall inhabit , and forthwith paying down unto the said respective Commissioners , Farmers or Sub-Commissioners , the full Excise of all the said Béer and Ale , upon pain that as well the Brewer who shall brew the same , as the Brewer for whom the said Beer or Ale shall be brewed , shall forfeit and lose for euery Barrel the sum of Five pounds , the one moyety to the Kings Majesty , and the other moyety to the Informer that shall sue for the same in any Court of Record .

And be it further Enacted by Authority aforesaid , That from and after the said first day of September , no person or persons shall be permitted to sell or retail any Coffée , Chocolate , Coffee , Chocolate , Sherbet , Tea . Sherbet or Tea , without License first obtained and had by Order of the General Sessions of the Peace in the several and respective Counties , Certificate being first shewed that they have given good Security for the due payment of their dues to the King , or the chief Magistrate of the place in whose Iurisdiction he or they do or shall inhabit or dwell , for the Selling or Retailing of the same ; Nor shall any License be granted to any Retailer , until Security first given by Recognizance or otherwise : For which License , Recognizance and Security , Twelve pence shall be given , and no more , for the payment of the Excise . And every person or persons Selling or Retailing any of the said Liquors without License had , and Security given as aforesaid , shall forfeit and lose the sum of Five pounds for every moneth he or they shall continue Selling or Retailing the same .

And be it further Enacted by the Authority aforesaid , Gagers may take no bribes nor rewards , to make false returns . That from and after the said first day of September , no Brewer or other person whatsoever shall Bribe or Corrupt , or give any Money , Fée , or other Reward whatsoever to any Gager or Gagers , or other Officer whatsoever , to make any false Return or Report into the Office of Excise , of any Béer , Ale , or other Liquors Exciseable , made or brewed , or to be made or brewed , within his or their Charge , Division or Walk , or to forbear or omit the doing or executing of his or their Places or Imployments , upon penalty of Ten pounds for every such Offence ; And that no Sworn Gager or Gagers , or other Officer whatsoever , shall directly or indirectly take and receive any Bribe , Money , Fée , Gift , or other Reward of any Brewer or other person whatsoever , for any cause or matter relating to the Excise , upon Penalty that every such Sworn Gager or other Officer so offending , shall for every such offence forfeit and lose the sum of Ten pounds : All and every of which said respective offences shall be proved by the Oaths of Two lawful and credible Witnesses before Two Iustices of the Peace , or chief Magistrate of the place where such offence shall be committed ; which said Iustices or Magistrates respectively have hereby power to administer the said Oaths , and also to Examine , Adjudge and Determine the same , and to cause such Penalties by Warrant under their hands and seals , to be levied by Distress and Sale of the Offenders Goods , rendring to the Party the overplus ; and for want of such Distress , to commit every such Offender to the Common Gaol of such County or Place , there to remain by the space of Thrée Moneths without Bail or Mainprize .

And for the better Levying and Collecting the Duties of Excise upon all Foreign or Imported Liquors ; Be it Enacted by Authority aforesaid , Foreign Liquors imported to be duly entred . That no such Foreign or Imported Liquors shall be landed or put on shore out of any Ship or Vessel from beyond the Seas , before due Entry be first made thereof , with the Officer and Collector appointed for the Excise , in the Port or Place where the same shall be Imported , or before the Duty of Excise due and payable for the same be fully satisfied and paid ; And that every Warrant for the landing or delivering of any such Forreign Liquors shall be Signed by the hand of the said Officer or Collector of the Excise , in the said Port or Place respectively ; upon pain that all such Foreign Liquors as shall be landed , put on shore or delivered , contrary to the true intent and meaning hereof , or without the presence of an Officer or Waiter for the Excise , or the value thereof , shall be forfeited and lost , the one moyety to the Kings Majesty , and the other moyety to him or them who shall or will Seise , Inform or Sue for the same , to be recovered of the Importer or Proprietor thereof .

And that no person or persons whatsoever bringing any Exciseable Liquors ( except Béer , Ale , Sider , Perry and Metheglin ) into any part or place of this Realm , by Coast , Cocquet , Transire or Certificate , nor any person or persons to whom the same , or any of them shall be consigned , shall land , or cause any such Exciseable Liquors ( except before excepted ) to be landed or put on shore , without making or causing due Entry to be made of the same , with the Officer or Officers of the Excise for the time being , appointed to receive and take such Entries within the Port or Place where the same shall be landed , upon pain in every such case as aforesaid , to forfeit double the value of the said Liquors landed or put on shore contrary to the true intent and meaning hereof .

Appeals in causes of Excise . Provided also , and be it further Enacted and Ordained by Authority aforesaid , That no Appeal in any Cause of Excise whatsoever shall be admitted , until the Party Appellant shall have first Deposited and laid down the single Duty of Excise in the hands of the Commissioners , Farmers or Sub-Commissioners of Excise within whose Iurisdiction or Division the said Cause was originally heard and determined , and have given Security to the Commissioners of Appeal , or Iustice of the Peace respectively where such Cause is to be finally Adjudged , for all such Fine , Forfeiture and Penalty , as upon such hearing and determination was Adjudged against him ; And that if upon the hearing and determining of any such Appeal , the said Original Iudgment shall happen to be reversed and made null , then , and in every such case , the said Commissioners , Farmers , or Sub-Commissioners of Excise in whose hands the said single Duty of Excise was deposited , shall restore and deliver back the same , or as much thereof as shall be adjudged by the Commissioners of Appeals , or Iustices of the Peace respectively to the said Appellant , and the party originally prosecuted , shall pay him double Costs . But in case the first Iudgment shall be affirmed , the party Appealing shall pay the like Costs unto the Commissioner or Commissioners complained of ; Any thing in this Act , or any other Act or Statute whatsoever to the contrary thereof contained in any wise notwithstanding .

Excise upon Vinegar-beer . And be it further Enacted by Authority aforesaid , That all and every person or persons whatsoever , Brewing or Making any Béer , whether in a common Brew-house , or otherwise for sale , or to convert into Vinegar for sale , shall pay for every Barrel of such Vinegar-Béer so made and brewed , the several and respective sums already imposed and set by any the Acts of Excise above mentioned , upon Vinegar-Béer brewed by any common Brewer in any common Brew-house ; Any thing in the said Acts , or either of them , to the contrary notwithstanding .

Colledges and Halls in the Vniversity . And is it hereby further Declared , That every Colledge and Hall in either of the Vniversities , which before the Duty of Excise was imposed , did brew their own Béer and Ale within their own Precincts , and size it out to their respective Members within their own Precincts only , are not liable to the payment of any Duty of Excise for the same , either by this or any the forementioned Acts.

Provided also , and be it Enacted , That all Differences , Appeals and Complaints that shall happen and arise betwéen party and party , Complaints to be determined in the proper counties . in order to the payment of the Duty of Excise , shall be heard and determined in the proper County , or in the several Ridings and Divisions of Yorkshire and Lincolnshire , where they shall arise , and not elsewhere .

Commissioners or Farmers may take no Fees . And be it further Enacted by the Authority aforesaid , That no Farmer , Commissioner , Sub-Commissioner , or other Officer of Excise , shall directly or indirectly take or receive any Mony , Fée or Reward , for or concerning the taking of any Bond , or giving any Receipt or Note in Writing , relating to the Excise , to or from any person or persons whatsoever , upon pain that every such person so offending shall for every such offence forfeit the sum of Ten shillings .

Who may hear and determine matters upon this Act. And be it further Enacted by the Authority aforesaid , That the Iustices of the Peace , or any two or more of them , or Chief Magistrates in the several Counties , Cities , Divisions and Places within England and Wales respectively , shall méet once in every moneth in their respective Divisions , or oftner if there shall be occasion , to hear , determine , and to adjudge all matters and offences against this or the aforesaid Acts.

How the penalties upon this Act shall be disposed and recovered . And be it further Enacted by the Authority aforesaid , That one third part of all Fines , Penalties and Forfeitures not herein otherwise disposed , shall be to the Kings Majesty , His Heirs and Successors , & one other third part to the poor of the Parish where the Offence shall be committed , & the other third part to him that shall inform and sue for the same ; And that all Fines , Penalties and Forfeitures for which no remedy is Ordained for recovery thereof by this Act , shall be recovered by Action of Debt , Bill , Plaint or Informations in any Court of Record within such County , City or Corporation where the Offence shall be committed , or by such other ways and means , and in such manner as by the said former Act is directed and appointed .

Appeals for matters in London , and the limits thereof . Provided alwayes , That after the said Third day of September , no Appeal in any Matter or Cause of Excise within the immediate Limits of the Chief Office of London , nor within the Limits of the present Farm of London , during the continuance of such Farm , shall be admitted , unless the same be brought within Two Moneths next after the first Iudgment , and notice thereof given or left at the Dwelling-house of the party or parties concerned therein ; nor shall any Appeal in any Matter or Cause of Excise in any other County , City , Town or Place , be admitted , unless the same be brought within Four Moneths after the first Iudgment , and notice given as aforesaid ; Any thing in this Act to the contrary notwithstanding .

Provided nevertheless , And it is hereby Enacted , That no Commissioner , Farmer , No Commissioner or other may act until he have taken the Oath in the Act of . 12 Car. 2. cap. 23. Sub-Commissioner or other person imployed , or to be imployed in the Farming , Collecting or taking Accompts for the Duty of Excise , do after the First day of September next , take upon him or them any such Office , or procéed in execution of any such Imployment , until he or they have first taken the Oaths appointed to be taken by the Act of Parliament , Entituled , A Grant of certain Impositions on Beer , Ale , and other Liquors , for the increase of His Majesties Revenue during His life , before the respective persons appointed in the said Act of Parliament , and have Entred his Certificate for taking the said Oaths , with the Auditor for Excise , under the penalty of Fifty pounds for every Moneth he or they shall so neglect to take the same .

CAP. XII .

An Explanatory Act , for Recovery of the Arrears of Excise .

BE it Declared and Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and of the Commons in this present Parliament Assembled , and by Authority of the same , That where any Commissioner , Sub-Commissioner , Treasurer , In what cases Sureties for Excise shall be answerable for the arrears . 12 Car. 2. cap. 11. and all other Officers which were heretofore imployed in the Receipt of the Excise , Farmer or Collector of Excise , which are and standeth charged with , or accomptable for any Duties of Excise by him or them received , farmed or detained , or any ways due from the persons before named , or any of them , and not pardoned by the late Act , Entituled , An Act of Free and General Pardon , Indempnity and Oblivion ; That there , and in such case , all and every the Sureties of such person and persons charged or chargeable as aforesaid , shall be deemed and taken to be liable and answerable according to the nature of their respective Securities ; Any doubt or question made touching the Construction of the said late Act of Frée and General Pardon to the contrary notwithstanding .

And be it further Declared and Enacted by the Authority aforesaid , That where the Commissioners of Excise for the time being , or the major part of them have Issued out any Summons or Warning , which hath béen left at the house , or usual place of residence , or with the Wife , Child , or menial Servant of any the aforesaid person or persons Chargeable or Accomptable as aforesaid , The same shall be déemed and adjudged a good and sufficient Summons , and as legal and effectuall a notice as if the same had béen actually delivered to the proper hands of such person or persons to whom the same was directed ; Any doubt or question thereof made to the contrary notwithstanding .

CAP. XIII .

An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-Money .

VVHereas the Revenue Setled on His Majesty , His Heirs and Successors , by a late Act , 14 Car. 2. cap. 10. Entituled ( An Act for Establishing an Additional Revenue upon His Majesty , His Heirs and Successors , for the better support of His and their Crown and Dignity ) hath béen much obstructed for want of true and just Accompts under the hands of the respective Occupiers of Houses , Edifices , Lodgings and Chambers , as by the said Act is required , and by the negligence of Constables and other Officers intrusted with the Taking and Reforming such Accompts : Be it therefore Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of the same , That the Iustices of the Peace of the respective Counties , How the Iustices of the Peace shall cause accompts to be taken of the number of Hearths . Corporations , Places and Limits within their respective Iurisdictions , at the next Sessions to be held after the Feast of Saint Michael the Archangel next ensuing , or the major part of them then present , shall issue out Warrants under their Hands and Seals to the respective High Constables , or other like next Officer , who shall issue the like Warrants unto the Petty Constables , Head-boroughs and Tythingmen , requiring them on the next Sunday , after Morning-Service ended , to give publick notice in the Church or Chappel generally to all the Inhabitants , and also to give notice publickly in the Church , and particularly as aforesaid to every Inhabitant within their respective Precincts , that shall then be Occupier of any House , Edifice , Lodging or Chamber , That within Ten days next after such notice , he give a true and just account in writing under his hand , of all Hearths and Stoves in such respective House , Edifice , Lodging and Chamber , unto such respective Constable , Head-borough and Tythingman ; who upon receipt of such Accompt , shall with Two other substantial Inhabitants of the said respective Precinct , whom they are hereby Authorized to Charge for that purpose , in the day-time enter into the respective House , Edifice , Lodging and Chamber , and upon his own view compare such Accompt , and sée whether the same be truly made or not , and endorse the same Accompt accordingly to what he finds upon his view ; which Accompt so received and endorsed , shall be by him transmitted within twenty dayes after such Receipt to the respective High-Constable , or other like Officer as aforesaid , together with a Book or Roll fairly written , wherein shall be Two Columes , The one containing the Names of the persons , and number of Hearths and Stoves in their respective Possessions , that are chargeable by the said Act ; and the other the Names of the persons , and number of Hearths and Stoves in their respective possessions , which are not chargeable by the said Act : Which being so received by such respective High Constable , or other like Officer as aforesaid , and compared together , shall within six dayes after such Receipt be transmitted to the two next respective Iustices of the Peace , who are hereby impowred to examine the said respective High-Constable , or other like Officer as aforesaid , Petty Constable , Headborough or Tythingman , upon Oath , concerning the truth and faithfulness of their actings in the premisses ; which being done , the said Iustices shall within ten days after such examination , Sign and Transmit the said Book and Roll , together with the said Original Accounts so endorsed as aforesaid , and filed together , unto the respective Clerk of the Peace , who shall within Twenty days after receipt thereof , Engross the said Book or Roll in Parchment , to be still kept in the respective County and Places aforesaid ; and shall also within Two Months Engross in Parchment a true Duplicate of the said Book or Roll , which being Signed by him and by two Iustices of the Peace at least of the respective County and Places aforesaid , shall be transmitted within one Month after such Engrossement into His Majesties Court of Exchequer .

Penalty for omitting any Hearth . Provided always , and be it Enacted by the Authority aforesaid , That if any Occupier of any House , Edifice , Lodging or Chamber , shall not make , or cause to be made an Account , or shall omit in his Account required to be made by this Act , any Hearth or Stove ; he shall for every such Hearth or Stove he shall so omit , forfeit the sum of Forty shillings .

Penalty upon Constables for neglect . Provided also , That if any Petty Constable , Headborough or Tythingman to whom such Accounts as aforesaid shall come , shall neglect to transmit the same , together with a Book or Roll in manner and time aforesaid , to the respective High Constable , or other like Officer as aforesaid , or shall make default in giving such notice as aforesaid , or in comparing the Account with two substantial Inhabitants as aforesaid , shall forfeit for every such offence , the sum of Five pounds .

High-Constables . Provided also , That if any High-Constable , or other like Officer as aforesaid , shall neglect to compare the said Original Accompts and the said Book or Roll , or to transmit the same in manner and time aforesaid , he shall for every such Offence forfeit the sum of Ten pounds . All which before mentioned Forfeitures and Penalties shall be recovered by Action of Debt , Bill , Plaint or Information , in any of his Majesties Courts of Record , the one half to the use of his Majesty , the other half to the use of him or them that shall sue for the same .

Prejudice by charge of annual officers remedied . And whereas His Majesties said Revenue setled by the aforesaid Act , hath béen much prejudiced by Annual changing of Petty Constables , Headboroughs , Tythingmen , High-Constables and Sheriffs , to whom the Collecting and Receipt of His Majesties said Revenue is thereby intrusted ; Be it therefore Enacted by the Authority aforesaid , That the changing of such Annual Officers , or leaving of their said Offices , shall not excuse or disable any person who shall be Constable , Headborough , Tythingman , High-Constable or Sheriff at the time that any Revenue or Duty shall grow due or payable by the said Act , from Collecting , Distraining and Receiving respectively such Revenue or Duty so grown due ; but that every such person in such case is hereby enabled and required to do all things respectively , as to such Revenue or Duty so growing due , as if he had continued Constable , Headborough , Tythingman , High-Constable or Sheriff ; Any thing in the said Act to the contrary notwithstanding .

Penalty for neglecting to distrain , receive , or pay over the said duty . Provided also , and be it Enacted by the Authority aforesaid , That if any person who by the said , or this Act , ought to Collect , Distrain for , Receive or Pay over any the said Revenue , shall neglect or refuse to do his duty therein , for every wéek he shall neglect or refuse , he shall forfeit the sum of Twenty shillings , to be recovered in manner , and by such person or persons as the aforesaid Forfeitures by this Act are to be recovered .

All persons may be called in aid to distrain . Provided also , and be it Declared and Enacted by the Authority aforesaid , That in all cases which by this or the aforesaid Act , any Petty Constable , Headborough or Tythingman may enter into the house of any person , or he may distrain the Goods of any person , he may call to his aid any two sufficient Inhabitants of the respective Townships or Precincts , who are hereby enjoyned to assist him therein .

Sheriffs appointed Collectors , may make their Deputies . Provided also , and be it Enacted and Declared by the Authority aforesaid , That where any Sheriff is by the aforesaid Act appointed to be Collector of any part of the said Revenue , that such Sheriff may execute the said place of Collector , by such Deputy or Deputies as to him shall séem meet , being thereunto appointed under the Great Seal of his Office , or under his own hand and seal ; Any thing in the said Act to the contrary notwithstanding .

Treasurers and Officers of the Inns of Court , Chancery , Colledges , &c. Provided also , and be it Enacted by the Authority aforesaid , That the respective Treasurers , and other Officers of the respective Inns of Court , Inns of Chancery , Colledges , and other Societies chargeable by the aforesaid Act for their Hearths and Stoves , shall do all things as the respective Constables by this Act are enjoyned to do , under the like Penalties , though without any Warrant from the respective Iustices of the Peace ; And that every Occupier of any House , Edifice , Lodging or Chamber within any the respective Inns of Court , Inns of Chancery , Colledges and Societies aforesaid , shall do all things , and under the like Penalties as are required by this Act of any Occupier of any House , Edifice , Lodging or Chamber elsewhere .

Provided always , and be it Enacted by the Authority aforesaid , Westminster . That the High Bayliff of Westminster for the time being , or his or their Deputy or Deputies , may within the City and Liberties of Westminster , from and after the Eight and twentieth day of September next , Collect and Levy the said Duty , and put in execution all the Powers of the said former Act , and this present Act , as amply as any Sheriffs who by the said former Act are made Collectors , may do within their respective Limits and Iurisdictions appointed to them by the said Act : And the said Bailiff for the time being shall be subject to the same Penalties and Duties as the said Sheriffs are , and shall receive the same reward ; and the Sheriff of Middlesex for the time being is discharged from putting in execution the Trust aforesaid in the said City and Liberty of Westminster , from the said Eight and twentieth day of September , saving onely for the Collecting of such arrears as then shall happen to be : And the Constables and Headboroughs , and other Officers within the said City and Liberty of Westminster , shall deliver unto the said Bailiff , Duplicates of all Accounts of Hearths and Stoves , and do all other things in such manner as by the said Act they ought to have done unto the said Sheriffs ; any thing in the said , or this Act to the contrary notwithstanding .

Provided alwayes , and be it Enacted by the Authority aforesaid , That the Bailiff of the Burrough of Southwark for the time being , his Deputy or Deputies may within the said Burrough , Southwark . and other Liberties of Southwark , from and after the Eight and twentieth day of September next , Collect and Levy the said Duty , and put in execution all the Powers of the said former Act , and this present Act , as amply as any Sheriffs who by the said former Act are made Collectors may do within their respective Limits and Iurisdictions appointed to them by the said Act ; and the said Bailiff for the time being shall be subject to the same Penalties and Duties , as the said Sheriffs are , and shall receive the same reward ; and the Sheriff of Surrey for the time being is discharged from putting in execution the trust aforesaid in the said Burrough and Liberties of Southwarke , from the said Eight and twentieth day of September ; And the Constables and other Officers within the said Burrough and Liberties , shall deliver unto the said Bailiff , Duplicates of all Accompts of Hearths and Stoves , and do all other things in such manner as by the said Acts they ought to have done unto the said Sheriffs ; Any thing in the said former or this Act to the contrary notwithstanding .

Provided always , and be it Enacted by the Authority aforesaid , That it shall and may be lawful to and for the Lord High Treasurer of England , Allowance to Clerks of the the Peace of the several Counties . and the Chancellor of His Majesties Court of Exchequer , or either of them , to give and make such further allowance unto the Clerks of the Peace of the respective Counties of this Kingdom ( for their labour and pains in and about the Writing , Engrossing and Returning into His Majesties Court of Exchequer , the Duplicates and Returns of the several Constables , in Parchment , over and besides what is allowed by the said first recited Act ) as the said Lord High Treasurer and Chancellor , or either of them shall think méet and convenient , the same allowance not excéeding One penny in the pound by the year ; Any thing in the said former , or in this Act to the contrary notwithstanding .

CAP. XIV .

The Profits of the Post-Office , and Power of Granting Wine-Licenses setled on His Royall Highnesse the Duke of York , and the Heirs Males of his Body .

WHereas the Lords and Commons being assembled at Westminster the Five and twentieth day of April , Anno Domini One thousand six hundred and sixty , in the Twelfth Year of the Reign of our most Gracious Sovereign Lord Charles the Second , by the Grace of God of England , Scotland , France and Ireland King , Defender of the Faith , &c. were there continued untill the Nine and twentieth day of December next following , and then Dissolved ; In which time a certain Act was made , Entituled , 12 Car. 2. cap. 25. An Act for the better Ordering the selling of Wines by Retail , and for preventing Abuses in the mingling , corrupting , and vitiating of Wines , and for setling and limiting the prices of the same : Whereby it was Enacted , That no person or persons whatsoever , from and after the Five and twentieth day of March , in the year of our Lord , One thousand six hundred sixty and one , unless he or they should be authorized and enabled in manner and form as by the said Act is appointed , shall sell or utter by Retail any kind of Wine or Wines to be spent in his or their Mansion-house or Houses , or other place by any means whatsoever , upon pain of forfeiting for every such offence , the Sum of Five pounds , the one moyety thereof to the King , and the other moyety to him or them that will sue for the same .

And it was further thereby Enacted , That it should be lawful for His Majesty , his Heirs and Successors , from time to time to issue out under his or their Great Seal of England One or more Commission or Commissions directed to two or more persons , thereby authorizing them to license , and give authority to such person or persons as they should think fit , to sell and utter by Retail , all and every , or any kind of Wine or Wines to be drunk and spent , as well within the house or houses , or other place in the Tenure or Occupation of the party so Licensed , as without , in any City , Town or other place within the Kingdom of England , Dominion of Wales , and Town of Berwick upon Tweed ; and such Commissioners are to Contract for selling and uttering of Wines by Retail in any City or other place , as aforesaid , in such manner and form , and under such Provisoes as in the said Act is mentioned . And it is further provided by the said Act , That the Rents , Revenues , and Sums of money arising by the said Act should be duly and constantly paid , and answered into His Majesties Receipt of Exchequer , and not be charged or chargeable , either before it be paid into the Exchequer , or after , with any Gift or Pension ; as by the said Act , amongst divers other Provisoes and Clauses may more at large appear .

And also one other Act was at the same time made , Entituled , An Act for Erecting and Establishing a Post-Office : 12 Car. 2. cap. 34. Whereby it is Enacted , That from thenceforth there should be one general Letter-Office erected and established in some convenient place within the City of London , from whence all Letters and Pacquets may be sent into any part of the Kingdom of England , Scotland and Ireland , or other of His Majesties Dominions , or unto any Kingdom or Country beyond the Seas : And that one Master of the said General Letter-Office , shall be from time to time appointed by the Kings Majesty , His Heirs and Successors , by His or their Letters Patents , under the Great Seal of England , The Office of Post-Master General . by the name and stile of His Majesties Post-Master-General ; which said Post-Master and his Deputy and Deputies , by him thereunto sufficiently authorized , and his and their Servants and Agents , and no other person shall have the receiving , ordering or sending Post of all Letters , and Pacquets whatsoever , to be sent to and from the places aforesaid ( except as therein and thereby is excepted ) And it was thereby provided , That such Post-Master-General , and his Deputy and Deputies may demand , have , receive and take for the Portage of all such Letters which he shall convey , as aforesaid , and for the providing and furnishing horses for thorough-Posts , according to the Rates therein mentioned ; And that His Majesty , His Heirs and Successors may Grant the said Office of Post-Master-General , with the Powers and Authorities thereunto belonging , and the several Rates of Portage therein mentioned , and all Profits , Priviledges , Fées , Perquisits and Emoluments thereunto belonging , either for life or term of years , not excéeding One and twenty years , to such person and persons , and under such Covenants , Conditions , and yearly Rents to His said Majesty , His Heirs and Successors reserved , as he or they shall from time to time think fit ; As by the said Act , amongst divers other Clauses and Provisoes therein contained may more at large appear ; Both which Acts have béen confirmed by this present Parliament .

Now forasmuch as the Kings most Excellent Majesty is graciously pleased out of His Princely care , and great love and affection to His most entirely beloved Brother James Duke of York , for and towards the Maintenance and Support of the said Duke his State and Dignity , to Grant and Assign all and every the Power and Powers , Authority and Authorities of giving License to any person or persons to Sell or Vtter by Retail , all and every , or any kind of Wine or Wines whatsoever , with all Rents , Sum or Sums of Money , Revenues , Profits and Emoluments whatsoever , that shall or may arise from , or out , or by reason of such power of Licensing the Retailing of Wines , or Forfeitures for Retailing of Wines without such Licenses , unto the said James Duke of York , and to the Heirs males of his Body begotten , or to be begotten : And also all the Rents , Sum and Sums of money , and Revenues that shall arise , grow , and become due of , or from the said General Letter-Office , or Post-Office , or Office of Post-Master-General , unto the said James Duke of York , and the Heirs males of his Body begotten , or to be begotten .

Be it therefore Enacted and Declared by the Kings most Excellent Majesty , by and with the advice and consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament assembled , The Powers of granting Wine Licenses entailed upon the Duke of York . and by the Authority of the same , That the said James Duke of York , and the Heirs males of his Body begotten , or to be begotten , shall have all and every the Powers and Authorities aforesaid , to give and grant Licenses to such person or persons as he or they shall think fit , to Sell and Vtter by Retail , all and every , or any kind of Wine or Wines whatsoever to be drunk and spent , as well within the house and houses , or other place in the Tenure or Occupation of the party so Licensed , as without in any City , Town , or other place whatsoever within the Kingdom of England , Dominion of Wales , and Town and Port of Berwick upon Tweed , Together with all Benefits and Profits thereof . And also that the said Duke , and the Heirs males of his Body begotten , or to be begotten , shall have that moyety of the Forfeitures and Penalties , which by the said recited Act is given to his Majesty , His Heirs and Successors .

And it is hereby further Declared , That all and every other person or persons , which from time to time , or at any times hereafter shall be by the said James Duke of York , and the Heirs males of his Body begotten , or to be begotten , appointed , authorized or deputed Agent or Agents , Commissioner or Commissioners to Treat and Contract for giving Licenses and Dispensations to any person or persons for the Selling and Vttering Wines by Retail in any City or Town , or other place , as aforesaid , shall have the full and sole power and authority to Treat and Contract for giving Licenses to any person or persons for the Selling and Vttering Wines by Retail in any City , Town or other place , as aforesaid , any Law , Statute , Grant , Vsage or Custom to the contrary in any wise notwithstanding , in as full and ample manner as the Kings Agents or Commissioners might do by vertue of the said recited Act.

And be it further Enacted by the Authority aforesaid , That such person or or persons as shall be appointed by the said James Duke of York , or the Heirs males of his body begotten , or to be begotten , under his or their Hand and Seal , for granting Licences for Selling and Vttering Wines by Retail , are hereby enabled under such Seal as the said Duke , or the Heirs males of his Body begotten , or to be begotten , shall appoint , to grant Licenses for the Selling and Vttering Wines by Retail to any person or persons , or for any time or times , not excéeding One and Twenty years , if such persons shall so long live , and for such Yearly Rents , and under such Conditions as they shall think fit , so as no Fine be taken for the same , but that the Rents or Sums of money so agréed for and reserved , shall be duly paid at the times and places agréed for the payment thereof ; for which Rents so reserved , in case the same shall not be paid , the said Duke , and the Heirs males of his Body begotten , or to be begotten , shall and may have power by this Act to sue for the same by Bill , Plaint , or Action of Debt in any of His Majesties Courts of Record at Westminster , or elsewhere , in his own Name ; or to sue for the same in His Majesties Name in the Court of the Exchequer , at the Election of the said Duke , and the Heirs males of his body begotten , or to be begotten : And that the discharge of the said James Duke of York , and of the Heirs males of his body begotten , or to be begotten , or of his or their Receiver General for the time being , shall be a full and effectual discharge to all intents and purposes , for all such moneys as have , or shall be received by vertue of the Act for Wine-Licenses .

Provided always , That the Kings Majesty , His Heirs and Successors , shall not during the continuance of the said Estate Tayl , by himself or Agents , grant any Commission or Commissions , License or Licenses , for the Selling or Vttering of any Wines by Retail .

And also Provided , That nothing in this Act contained , shall make void any Contracts , Leases or Agréements that have béen made by His Majesties Agents , for granting Licenses for Selling and Vttering Wines by Retail , in pursuance of the said Act ; but the same Contracts , Leases and Agréements shall remain in such force as they were before the making of this Act , and that the Rents thereupon reserved , and all Arrears thereof shall be paid unto the said Duke , and to the Heirs males of his Body begotten , or to be begotten .

And be it further Enacted by the Authority aforesaid , That all the yearly Rents , Rents and profits arising by the Letter-Office . Sum or Sums of money , Revenues , Issues and Profits whatsoever that shall grow due , accrew , or be payable unto His Majesty , His Heirs and Successors , for or by reason of the said general Letter-Office or Post-ffice , or Office of Post-Master General , or annexed , incident or belonging to the said Post-Office , or general Letter-Office , or Office of Post-Master-General , or Issuing out of the same , or accrewing or growing due for , or by reason of the same , shall be , and hereby are vested and setled by vertue of this Act upon the said James Duke of York , and the Heirs males of his Body begotten , or to be begotten , with full and sole power from time to time for the said Duke , and the Heirs males of his Body begotten , or to be begotten , his and their Receivers-General to receive all and every the said Rents , Issues and Profits accrewing for , or issuing out of the said Office ; and from time to time to give Discharges for the money so received .

Provided always , And be it Enacted by the Authority aforesaid , Not to be paid into the Exchequer . That none of the said yearly Rents , Issues and Profits arising , growing due , accrewing or issuing out of the said general Letter-Office , or Post-Office , or Office of Post-Master-General , shall for , and during the said Estate Tail , be paid into the Exchequer , but only to the said Duke , and to the Heirs males of his Body begotten , or to begotten , his or their Receiver-General for the time being : And also , that it shall and may be lawful to and for the said Duke , and for the Heirs males of his Body begotten , or to be begotten , in the name of His Majesty , How to be recovered . his Heirs or Successors , or in his or their own name to sue for the same , by Bill , Plaint , Information , Action of Debt , or otherwise , in any Court or Courts of Law or Equity , wherein no Protection , Wager of Law or Essoign shall lie .

Provided also , Proviso for Daniel Oneale , Esquire . EXP. That nothing herein contained shall make void the Grant made by His Majesty to Daniel Oneale Esquire , of the Office of Post-Master-General , or general Letter-Office , or Post-Office , for four years , and one quarter of a year , from the said Five and twentieth day of March , in the year of our Lord , One thousand six hundred sixty and thrée , under the yearly Rent of One and twenty thousand five hundred pounds for all the said Term ( Except the last Quarter , which is paid aforehand ) so as the said Rents be paid unto his said Highness James Duke of York , and to the Heirs Males of his Body begotten , or to be begotten .

Provided also , And it is hereby further Enacted and Declared , That it shall and may be lawful for the Kings Majesty , His Heirs and Successors , at any time or times , during the said Estate Tail , by Warrant under His Privy-Seal to charge any Sum , or several Sums of Money , not excéeding in the whole the Sum of Five thousand thrée hundred fourscore and two pounds ten shillings , to be paid out of the profits of the Office of Post-Master-General ; to the which said Sum of Five thousand thrée hundred fourscore and two pounds ten shillings , the several Sums and Payments now already charged thereupon , do in the whole amount , ( the Grant of which Sums are not to be avoided by this Act ) And which said Sums of Money , not excéeding the said Sum of Five thousand thrée hundred fourscore and two pounds ten shillings , to be granted by His Majesty as aforesaid , are and shall be by Authority of this Act confirmed and made in full force .

His Majestie may nominate the Post-Master-General . Provided further , That the Kings most Excellent Majesty , His Heirs and Successors shall have the nomination of the Post-Master-General of the said Post-Office , and shall from time to time nominate and appoint such person and persons as he or they shall please , to be Post-Master-General of the said Office , and may grant the same Office with the Power and Authority thereunto belonging , and the said Rates of Portage in the said Act mentioned , either for site , or term of years , not exceeding One and Twenty years to such person or persons , as he or they shall think fit , under the most improved yearly Rent that can be reasonably had or gotten for the same by the said Duke , or the Heirs males of his Body begotten , or to be begotten , without Fines ; the said yearly Rent to be reserved and payable to the said Duke , and to the Heirs males of His Body begotten , or to be begotten , and also under such Covenants , Conditions and Agréements , as the said Duke , or the Heirs males of his body begotten , or to be begotten , shall think fitting ; Any thing in this present Act contained to the contrary notwithstanding .

The Duke may joynture any wife in a third part of the Profits . Provided alwayes , and it is hereby Declared , That it shall and may be lawful , to , and for the said James Duke of York , and the Heirs males of his Body begotten , and to be begotten , to settle any part of the said Premisses , not excéeding a Third part of the clear yearly value , over and above all Charges and Reprises , for a Ioynture for his or their Wife or Wives ; and also to Lease any other part of the said Premisses for any number of years , not excéeding One and Twenty years , and not excéeding one other third part of the clear yearly value of the Premisses , over and above all other Charges and Reprises , in order to raise Portions for his or their younger Children .

Proviso for the Vniversities . Provided also , That this Act , or any thing therein contained , shall not in any wise be prejudicial to the Priviledge of the two Vniversities of this Land , or either of them , or to the Chancellor or Schollars of the same , or their Successors , but that they may use and enjoy such Priviledges as heretofore they have lawfully used and enjoyed ; Any thing herein to the contrary notwithstanding .

Proviso for the company of Vintners of London . Provided also , That this Act , or any thing therein contained , shall not extend , or be prejudidicial to the Master , Wardens , and Fréemen and Commonalty of the Mystery of Vintners of the City of London , or to any other City or Town Corporate , but that they may use and enjoy such Liberties and Priuiledges , as heretofore they have lawfully used and enjoyed ; Any thing herein contained to the contrary in any wise notwithstanding .

Provided also , And be it Enacted by the Authority aforesaid , That this Act , or any thing therein contained , Proviso for the Borough of St. Albans . shall not in any wise extend to debar or hinder the Mayor and Burgesses of the Borough of Saint Albans in the County of Hertford , or their Successors , from enjoying , using , and exercising of all such Liberties , Powers and Authorities to them heretofore granted by several Letters Patents , under the Great Seal of England by Quéen Elizabeth and King James , of famous Memories , for the Erecting , Appointing , and Licensing of Thrée several Wine-Taverns within the Borough aforesaid , for and towards the maintenance of the Frée-School there ; but that the same Liberties , Powers and Authorities shall be , and are hereby established and confirmed , and shall remain , and continue in , and to the said Mayor and Burgesses and their Successors , to and for the Charitable use aforesaid , and according to the tenour of the Letters Patents aforesaid , as though this Act had never béen made ; Any thing herein contained to the contrary in any wise notwithstanding .

Proviso for the Vniversity Letters . Provided always , That all Letters and other things may be sent or conveyed to or from the two Vniversities , in manner as heretofore hath béen used ; Any thing herein to the contrary notwithstanding .

CAP. XV.

The Manufactures of making Linnen Cloth and Tapistry encouraged .

The inconvenience by importing foreign materials of Linnen and Tapistry Hangings . VVHereas vast quantities of Linnen Cloth , and other Manufactures of Hemp and Flax , and of Tapistry Hangings are daily Imported into this Kingdom from Foreign parts , to the great Detriment and Impoverishment thereof , the Moneys and quick-stock of this Kingdome being thereby daily exhausted and diminished , and the poor thereof unimployed , while the Materials for the making of such Hangings are here more plentiful , and better and cheaper then in those places from whence they are Imported ; And Flax and Hemp might be had here in great abundance , and very good , if by setting up the Manufactures of such Commodities as are made thereof , it would be taken off the hands of such as sow and plant the same ;

Encouragement of English Manufactures . For the Encouragement therefore of those Manufactures , Be it Enacted , and it is hereby Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spirituall and Temporall , and Commons in this present Parliament Assembled , and by the Authority thereof , That from and after the first day of October next ensuing , It shall and may be lawful for any person or persons whatsoever , Native or Foreigner , fréely and without paying any Acknowledgement , Fee , or other Gratuity for the same in any place of England and Wales , In the occupation of dressing and ustng of Hemp and Flax. priviledged or unpriviledged , Corporate or not Corporate , to set up and exercise the Trade , Occupation or Mystery of breaking , hickling or dressing of Hemp or Flax ; as also for making and whitening of Thread ; as also of Spinning , Weaving , Making , Whitening or Bleching of any sort of Cloth whatsoever made of Hemp or Flax only : As also the Trade , Occupation or Mystery of making of Twine or Nets for Fishery , or of Stoving of Cordage : As also the Trade , Making of tapestry hanginge . Foreigners may use those trades and enjoy all priviledges as natura born subjects . Oath of Allegeance and Supremacy . Occupation or Mystery of making any sort of Tapistry-Hangings ; Any Law , Statute or Vsage to the contrary in any wise notwithstanding .

And all Foreigners that shall really , and bona fide set up and use any of the Trades and Manufactures aforesaid , by the space of thrée years in this Kingdom of England , Dominion of Wales , and Town of Berwick upon Tweed , shall from thenceforth , taking the Oaths of Allegiance and Supremacy before two Iustices of the Peace near unto their dwellings , who are hereby authorized to administer the same , enjoy all Priviledges whatsoever as the Natural born Subjects of this Kingdom .

And it is hereby Enacted and Declared , That such Foreigners as shall exercise any of the Trades aforesaid by vertue of this Act shall not at any time be lyable to any other or greater Taxes , Payments or Impositions then such as are or shall be paid by his Majesties Natural born Subjects , unless in case they shall use and exercise Merchandize into , and from Foreign parts , in which case they shall be lyable to pay such Customs as have usually béen paid by Aliens during the space of Five years next ensuing , and no longer .

CAP. XVI .

Herring and other Fisheries Regulated ; And a Repeal of the Act concerning Madder .

FOr the prevention of abuses in the packing and ordering of Herrings , and bringing that Commodity into Credit in Foreign parts beyond the Seas , Be it Enacted , and it is hereby Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , and by the Authority of the same , That from and after the first day of August , One thousand six hundred sixty four , No white or red Herrings of English catching , shall be put to sale in England , Wales , How herrings shall be packed or in the Town of Berwick upon Tweed , but what shall be packed in lawful Barrels or Vessels , and which shall be well , truly and justly laid and packed ; And shall be of one time of Taking , Salting , Saving or Drying , and equally well packed in the midst , and every part of the Barrel or Vessel , and by a sworn Packer ; And the Barrel or Vessel marked or branded by such sworn Packer , with a mark or brand denoting the gage of the Barrel or Vessel , and the quantity , quality and condition of the Herrings packed therein , and the Town or place where they were packed ; And the Bailiffs of Great Yarmouth for the time being , and the Mayor , Bailiffs or other Head-Officer for the time being of every Port , Haven or Créek out of which any vessels or ships do procéed to fish for Herrings , are hereby authorized and required before the first day of July , Able packers to be appointed and sworn . in the year One thousand six hundred sixty four , and before the first day of July in every year after , to appoint for their respective Haven , Port or Créek , a competent number of able and experienced Packers , to view and pack all such white or red Herrings of English catching , as shall be brought into their Port , Haven or Créek , and well and truly to mark and brand the Barrels or Vessels into which they shall be packed , with such mark or brand as is above directed , and to administer to them yearly an Oath , ( which Oath they are hereby authorized and appointed to give to them ) for the well and true doing thereof according to this Act. Penalty for not appointing and swearing packers . And in case the said Bailiffs of Great Yarmouth , or the Mayor , Bailiffs or other Head-Officer for the time being of any such Port , Haven or Créek , shall not appoint and swear such Packers before such time in every year as is by this Act required , they shall for every default forfeit the sum of One hundred pounds of lawful money of England ; one moyety to his Majesty his Heirs and Successors , and the other moyety to him or them that shall inform or sue for the same in any Court of Record , by Bill , Plaint or other Action , wherein no Essoign , Protection or Wager in Law shall be allowed : And for the better regulating of the Island , and Westmony Fisheries , We●y , Island . and Preservation of the Spawn of fish there , Be it Enacted , and it is hereby Enacted by the Authority aforesaid , That from and after the five and twentieth day of December , One thousand six hundred sixty thrée , no ship or vessel shall procéed upon a Fishing-Voyage for Island or Westmony out of any Port , Haven or Créek in England or Wales , or out of the Port of Berwick upon Tweed , until the tenth day of March in any year , upon the pain of the forfeiture of every such ship or vessel , with all her Furniture , Tackle and Apparel , and of all the fish caught in such ship or vessel . And it is hereby further Enacted by the Authority aforesaid , That no person or persons whatsoever , do collect , levy or take , or cause to be collected , levyed or taken in New-found-land any Toll , New-found-land . or other duty of or for any Cod or Poor John , or other fish of English catching , under pain of the loss of double the value of what shall be by them levied , collected or taken , or caused to be collected , levied or taken ; And that no Planter or other person or persons whatsoever do cast or lay any Seme or other Net , in or near any Harbour in New-found-land , whereby to take the spawn or young Fry of the Poor John , or for any other use or uses , except for the taking of Bait only , upon pain of the loss of all such Semes or Nets , and of the fish taken in them , or of the value thereof , to be recovered in any of his Majejesties Courts in New-found-land , or in any Court of Record in England or Wales , by Bill , Plaint or other Action ; wherein no Essoign , Protection or Wager in Law shall be allowed .

And it is hereby further Enacted by the Authority aforesaid , That no Planter or other person or persons whatsoever , None may destroy houses or spoil nets , &c. for fishing in New-found-land . The penalty . shall burn , destroy or steal any Boat , Cask , Salt , Nets or other Vtensils for Fishing or making of Oyl , or other goods or Merchandize left in any Harbour in New-found-land , or Greenland by English ; or burn , pull down or destroy any house built by English in New-found-land or Greenland , to live in during the Fishing season , or Stage built by them in either of the said places for the saving or ordering of Fish , or making of Oyl , upon pain of the loss of double the value of what shall be by them stoln , burnt or destroyed , to be recovered in any of his Majesties Courts in New-found-land or Greenland respectively , or in any Court of Record in England , by Bill , Plaint or other Action , wherein no Essoign , Protection or Wager in Law shall be allowed .

A repeal of the Statute concerning Madder . 14 Car. 2. c. 30 And whereas upon the humble Petition and complaint of the Merchants and Salters of the City of London , it doth appear , That some sorts of Madder very useful for Dying cannot be Imported so pure and clean , as by one Act passed the last Session of this present Parliament , ( Intituled , An Act for the Importation of Madder pure and unmixed ) is directed and appointed ; Be it Enacted , and it is hereby Enacted by the Authority aforesaid , That the said Act , and every Clause and Thing therein contained be from henceforth utterly void and repealed to all intents , purposes and Constructions whatsoever .

CAP. XVII .

An Act for setling the Dreining of the Great Level of the Fenns , called Bedford Level .

VVHereas certain Moors , Marshes , Fenny and Low surrounded Grounds within the Counties of Northampton , Norfolk , Suffolk , Lincoln , Cambridg and Huntington , and the Isle of Ely , were called the Great Level of the Fenns ; And after several fruitless undertakings for Dreining the same , were upon the Desires of many persons of Worth and Interessed in the same , declared to be a Great and Noble Work , and of much Concernment to the whole Countrey , and at their earnest desire undertaken to be Dreined by Francis late Earl of Bedford , according to a Law of Sewers made at Kings Lynne in the sixth year of the Reign of the late King Charles of glorious memory ; which said Level is bounded as followeth , ( viz. ) Eastward from the Bridg and Cawsey of Stoake , unto Brandon-Bridg upon the Vplands of Northold , Methold , Feltwell , Hockwold , and Wilton in the County of Norfolk ; and from Brandon-Bridg unto the end of Worlington-Load upon Mildenhall River , The great level of the fens , how bounded . upon the Vplands of Brandon , the Low grounds of Wainsford excluding the same ; the Vplands of Sakingheath , the Low grounds of Earsewell excluding the same : And the Vplands of Mildenhall in the County of Suffolk Southward from Worlington-Load , unto Burwell Block upon the Vplands of Freckingham , Istham , Fordham , Soham , and Wickin in the County of Cambridg , and excluding the Low grounds of Burwell , Landward , and other places lying Eastward from Burwell Block aforesaid , and from thence unto the Mill near Anglisey Abby upon the Vplands of Burwell Reach , Swaffham Pryor , Swaffham Bulbeck , and Botsham in the County of Cambridg ; and from thence unto the Ferry-place at Clayhith upon the Vplands called Quyhall , the Low Ground called Low-Fenne , and the Vplands of Hormingsey and Clayhith in the said County , excluding the Low grounds called Low Fenne and Offenne ; and from the said Ferry-place unto Over-Load upon the Vplands of Water-Beach , Cottenham , Rampton , Winelingham and Over in the said County of Cambridg , and upon the Low grounds of Swacy in the said County , excluding the same Westward from Erith , unto the Dam lately made upon the River Neane near Standground upon the Vplands of Somersham and the Soake thereof , Warbois , Wistow Berry , Ramsey , Upwood , Raveley , Wood-walton , Sawtrey , Connington , Glatton , and Holme Caldecott , Denton , Stilton , Yaxley , Fasset , and Standground in the County of Huntington , excluding the Low grounds lying on the North side of the River of Owse above Erith ; and from the said Dam unto Peterborough Bridg upon the said River of Neane ; and from thence unto the Ferry-place near Waldron Hall upon the Vplands of Peterborough , and the Soake thereof in the County of Northampton ; and Northward from the said Ferry-place near Waldron Hall unto Crowland Bridg upon the River of Welland ; and from thence to Dowsedale upon the Bank of Great Porland ; and from thence unto Guyhurne upon the Southea Bank ; and from thence unto Tilnehurne upon the Bank of the Fenne Ground called Waldersea ; and from thence unto Elme Leame at Grangers House upon the Bank of the Fenne Ground called Coldham ; and from thence unto the River of Neane near Thurlings in Upwell upon the Bank of Needham called Bishops Dike ; and from thence unto Weil Creek , at the North-west corner of Wassingham Fenne upon the Bank of the Grounds in Upwell and Outwell called Playfield and Churchfield , excluding the aforesaid Fennes and Grounds called Waldersea , Coldham , Needham , Playfield and Churchfield ; and from thence unto Salters-Load upon the New Podyke Bank , and from thence unto the mouth of the River Wissey upon the River Owse , and from thence unto Helgey Bridg upon the River Wissey , and from thence unto the Vplands at the end of the Bank of the Grounds late of Edmond Skipwith Esquire deceased , upon the said Bank , and from thence unto Stoake Bridg upon the Vplands of Roxham , Deereham , Weereham , Wretton and Stoake in the said County of Norfolk ; Except the imbanked Grounds late of Edmond Skipwith Esquire , lying on the North side of the River of Owse ; And whereas the said Francis late Earl of Bedford was to have for his recompence of effecting that difficult work , onely Ninety five thousand Acres of the said Grounds , with convenient High-wayes and Passages to the same ; And the New River Cutts and Dreynes to be made by the said Earl and his Assigns , and the Banks of the same , and the Forelands in the inside of the said Banks not to exceed Sixty foot in breadth : Which was a work of so Great and Publick Concernment , that his said late Majesty gave great Encouragement to the said Francis late Earl of Bedford and others , whom he had taken in to be Adventurers and Participants with him therein , upon the Covenants , Conditions and Agréements contained and specified in and by a certain Indenture of Fourtéen parts , bearing date the seven and twentieth day of February , in the seventh year of the Reign of his said late Majesty , and his Royal Assurance to further it by his Concurrence to an Act of Parliament for establishing thereof , and did by Letters Patents under the Great Seal of England Incorporate the said late Earl , his Adventurers and Participants , to have Succession for ever ; and in order to the effecting thereof , the said late Earl and his Adventurers and Participants bestowed great sums of money for perfecting the same , and after his death and some interruptions , William now Earl of Bedford , son and heir to the said Earl Francis , with divers of his Adventurers and Participants , by colour of a pretended Act of Parliament of the nine and twentieth day of May , in the year of our Lord , One thousand six hundred fourty and nine , procéeded in the compleating and finishing the said Works ; And the Commissioners appointed by that pretended Act , did adjudg the same Dreyned , but the same cannot be preserved without a perpetual constant care , great charge and Orderly Government , which being represented to the Kings most Excellent Majesty that now is , He hath béen gratiously pleased to declare more then an ordinary willingness to promote and countenance a Work of so Publick Concernment , and many ways advantagious to this his Kingdom . To the end therefore that a work of this Nature may receive a Publick Support and Encouragement .

Be it Enacted by the Kings most Excellent Majesty , with the Advice and Assent of the Lords Spiritual and Temporal and Commons in this Parliament Assembled , and by the Authority of the same , That the said William Earl of Bedford , son and heir of the said Francis Earl of Bedford , The Earl of Bedford and Adventurers made a Corporation for the Fens . and the Adventurers and Participants of the said Earl Francis and Earl William or either of them , their Heirs and Assigns , in such manner as is herein contained , shall be a Body Politick and Corporate in Déed and Name , and have Succession for ever , by the Name of the Governor , Bailiffs and Commonalty of the Company of Conservators of the Great Level of the Fens ; which Corporation shall consist of one Governor , six Bayliffs , twenty Conservators and Commonalty , and shall have and use a Common Seal to be appointed by themselves , and assemble and meet together , when , where , and as oft as they please , and appoint a Register , Receiver , one or more Sergeants at Mace and other Officers , and allow them Salaries , and remove them , and make new at their pleasure . And the said William Earl of Bedford is to be the first Governor ; The Earl of Bedford Governour . The Bayliffs . Richard Lord Gorges , Sir Richard Onslow Knight , Sir William Terringham Knight of the Bath , Samuel Sandys , Thomas Chichely and Samuel Fortrey , Esquires ; the six first Bailiffs . Sir Gilbert Gerhard junior , Knight , William Denton , William Crane , Edmond Berry-Godfrey , Arthur Evelin , Samuel Smith , Roger Jenings , Robert Castle , Robert Hampson , Joseph Ayloffe , Esquires ; Thomas Lord Culpepper , Sir John Hewett Baronet , Arthur Onslow , Robert Phillips , Anthony St. John , Esquires , Sir Oliver St. John , Sir Charles Harbord , Knights ; Francis Hoblyn , Samuel Sandys junior , Conservators . and Robert Terringham , Esquires , the first Conservators . And the said Governor , Bayliffs and Conservators to continue until Wednesday in Whitsun-week , in the year of our Lord , One thousand six hundred sixty and four , and from thenceforth until new Elections by the said Corporation , or the major part which shall be then present ; And shall be capable to sue and be sued , and without License of Mortmain to purchase Mannors , Lands , Tenements and Hereditaments , Their power and authority . not excéeding two hundred pounds per annum , and Goods and Chattels , and to dispose thereof in the name , and to the use of the said Corporation , and the said Governor , Bayliffs and Conservators , or any five or more of them , whereof the said Governor or Bailiffs , or any of them , to be two , shall and may lay Taxes from time to time upon all the said Ninety five thousand Acres only for support , maintenance and preservation of the said Great Level , and levy the same with penalties for non-payment , not exceeding a third part of the Tax , and all other things do in order to the support , maintenance and preservation of the said Great Level , and Works made and to be made .

And whereas by the said Law of Sewers , twelve thousand Acres , parcel of the said ninety five thousand Acres , was designed and intended to his said late Majesty , and were set forth and allotted by bounds in severalty , and his said late Majesty was in possession thereof , and granted , assigned , allotted and set out by bounds two thousand Acres , parcel of the said twelve thousand Acres , by Letters Patents unto Jerome Earl of Portland , his Heirs and Assigns , Earl of Portlands 2000 Acres . of which said two thousand Acres , the said Earl of Portland hath sold away about One thousand five hundred Acres in several parcels to several persons , their Heirs and Assigns , for valuable considerations , and the residue thereof being about five hundred Acres , hath granted and conveyed unto his Brother Benjamin Weston Esquire and his Heirs , upon several Trusts , agreed upon betwéen the said Earl of Portland and Benjamin Weston by writing for that purpose :

Be it therefore Enacted by the Authority aforesaid , That the said two thousand Acres , or such other Lands of equal value as shall be set forth in Exchange of the same , in case the aforementioned two thousand Acres or any part thereof , shall hereafter be adjudged to have béen unduly set out , shall be , and hereby are vested , setled and established in the said several and respective persons , ( to whom the said Earl of Portland hath so conveyed or mentioned to convey the same ) their Heirs and Assigns respectively , to each person his Heirs and Assigns , his and their several and respective Share and Shares that was so respectively to each of them conveyed or mentioned to be conveyed by the said Earl of Portland , to be held and enjoyed by them and each of them , his Heirs and Assigns , his and their own Share and Part only in severalty , according to the intent of the said Conveyances thereof to them respectively made by the said Earl of Portland , upon the same Trusts nevertheless for and concerning the said five hundred Acres granted or mentioned to be granted to the said Benjamin Weston , which the said Earl of Portland and Benjamin Weston had declared and agréed upon betwéen them as aforesaid ; Which said two thousand Acres shall be holden of the Kings Majesty , his Heirs and Successors of the Mannor of East Greenwich by Fealty only in Frée and Common Soccage , and not otherwise , and subject nevertheless with the the residue of the Ninety five thousand Acres in equal proportion to all Taxes and Charges necessary and conducing to the preservation of the said Great Level from Drowning .

The 83000. Acres setled and vested in the Governor , &c. And be it further Enacted by the Authority aforesaid , That the Eighty three thousand Acres remainder of the said Ninety five thousand Acres , with the said Ways , Passages , new Rivers , Cutts , Dreyns , Banks and Forelands , over and above the said ten thousand Acres residue of the said twelve thousand Acres which were allotted in severalty , and of which his said late Majesty was in possession as aforesaid , are hereby vested and setled in the said Governour , Bailiffs and Commonalty of the Company of Conservators of the said Great Level of the Fens , and their Successors : In trust nevertheless for the said William Earl of Bedford , and the Adventures and Participants of the said Earl Francis and Earl William or either of them , The Trust . their Heirs and Assigns , in such manner and wise as is herein after more particularly and especially limited and provided ; and according to such parts and proportions as they respectively now hold and enjoy , or by vertue and provision of this Act ought to hold and enjoy , subject and lyable likewise to the payment of all Taxes and Charges as aforesaid , to be holden of the Kings Majesty , his Heirs and Successors , of the Mannor of East Greenwich , by Fealty only in frée and common Soccage , and not otherwise : And the said ten thousand Acres , residue of the said twelve thousand Acres ( whereof his said late Majesty was in possession as aforesaid ) are hereby vested and setled in his Majesty that now is , The 10000 Acres belonging to the King . and his Assigns , subject and lyable with the residue of the said Ninety five thousand Acres to the same Taxes and Charges before specified . And because the said Great Level of the Fens extends into the said Six Counties besides the Isle of Ely , and forasmuch as Commissioners of Sewers cannot legally procéed in Execution of their Commission , but by a several Iury of every County to enquire of the matters within their Commission in that County , which hath heretofore inforced the said Earl , his Participants and Adventurers , Commissioners and Countries , to very great trouble , loss and expence both of money and time : For avoiding which Inconveniencies , The Authority of the said Corporation as Commissioners of Sewers . It is hereby further Enacted by the Authority aforesaid , That the said Governour , Bayliffs and Conservators of the said Corporation for the time being , or any five or more of them , whereof the said Governour or Bayliffs for the time being , or their Successors or any of them to be two , for maintenance and preservation of the said Great Level by convenient Outfalls to the Sea , shall for ever hereafter be , and are hereby made and constituted Commissioners of Sewers for and of the said Great Level of the Fens : And the said Governour , Bayliffs and Conservators , or any five or more of them , whereof the said Governour or Bayliffs and their Successors or any of them , to be two , are hereby enabled and impowred from henceforth to use and exercise the power and authority of Commissioners of Sewers within the said Great Level of the Fens , and of the Works made or to be made without the said Great Level for conveying of the Waters of the said Great Level by convenient Outfalls to the Sea , touching all matters and things whatsoever happening to be executed or done within the said Great Level , or the said Works without the said Great Level , enquirable , punishable , or to be done by Commissioners of Sewers , and therein to act and procéed by one or more Iuries of good and lawful men , inhabiting within any part or place within the Boundaries of the said Great Level of the Fens , though in several Counties , as if the said Great Level of the Fens lay within one of the said Counties only , and shall have power to imploy the said Sergeants or any of them for the time being , by Warrant or Precept from the said Governor , Bailiffs and Conservators and their Successors , or any five or more of them , whereof the said Governor or Bayliffs , or any of them , to be two , under the Common Seal of the said Corporation , to Summon and Return Iuries within the Boundaries of any part of the said Great Level , and execute all Precepts and Process from them , from time to time , and all other things do , as fully as any Sheriff within his respective County may or can do by Warrant or Precept from Commissioners of Sewers ; which Iuries are to appear at the times and places set or appointed for them to appear before the said Governour , Bailiffs and Conservators , and their Successors , or any five or more of them ; whereof the said Governor and Bailiffs , and their Successors , or any of them to be two ; And are hereby Impowred to Inquire of , Present and Try all Matters within the said Great Level , and of and concerning the said Works made or to be made without the said Great Level , for conveying of the Waters of the said Great Level by convenient Outfalls to the Sea , within the power of Commissioners of Sewers , as if the same lay within any one of the said Counties , or as if the said Great Level were one distinct County of it self : And the said Governour , Bailiffs and Conservators , or any five or more of them , whereof the said Governour or Bailiffs or any of them to be two , shall have further power , as well for the maintenance of the said Great Level , as for laying and levying of Taxes upon the said Ninety five thousand Acres , to use and exercise within the said Great Level such and the like Laws and Customs , and Constitute and Appoint such and the like Officers from time to time , as are or lawfully may be used in Rumney Marsh in the County of Kent ; they who exercise the said Power of Commissioners of Sewers , first taking the Oath which Commissioners of Sewers are by the Law to take ; the which Oath the said Governour and Bailiffs or any of them , are hereby Impowred to Administer from time to time , without any further Commission .

And because the Metes and Boundaries of the said Grounds within the said Great Level , as to the Counties and Parishes , are very uncertain and hard to be distinguished , The metes & boundaries of grounds . Be it therefore further Enacted , That every Writ , Bill , Plaint , Count , Declaration , Information , Presentment and Indictment , of , for or concerning the said Grounds within the said Great Level of the Fens , or any part or parcel of the same , or any Trespass , Offence or Wrong done , acted or committed within the said Great Level , and procéedings thereupon , shall be good and sufficient in Law , though the County , Parish , Town or Place , or any of them , in such Writ , Bill , Plaint , Count , Declaration , Information , Presentment or Indictment be not rightly named , so as there be such other certainty or description of the place whereby the same is or may be commonly known . No other Commissioners of Sewers to meddle in the said Level .

And be it further Enacted , That no other Commissioners of Sewers shall intermeddle within the said Great Level , or with any the Works made or to be made for Support , Maintenance or Preservation of the said Great Level , within or without the said Great Level as aforesaid , otherwise then hereafter in this Act shall be provided .

And be it further Enacted , Conveyances by Indenture entred with the Register . That all Conveyances by Indenture of the said Ninety five thousand Acres , or any part thereof , entred with the said Register , in a Book to be kept for that purpose , shall be of equal force to convey the Fréehold and Inheritance of the said Ninety five thousand Acres , or any part thereof , as if the same Conveyances by Indenture were for valuable considerations of money , enrolled within Six moneths , in one of the Kings Courts of Record at Westminster ; And no Lease , Grant or Conveyance of , or charge out of , or upon the said Ninety five thousand Acres , or any part thereof , except Leases for seven years or under in possession , shall be of force but from the time it shall be entred with the said Register as aforesaid ; the Entry whereof being endorsed by the said Register upon such Lease , Grant , Conveyance or Charge , shall be as good and effectual in the Law , as if the Original Book of Entries were produced at any Tryal at Law , or otherwise .

And be it further Enacted , That the said Governour , Bayliffs and Commonalty shall Execute Estates according to the aforesaid Trust under their Common Seal , the Taxes and Penalties then in Arrear being first paid , which for non-payment , are by vertue of this Act to be levied by Sale of the Lands .

And be it further Enacted , Levying of taxes and penalties . That for the Levying such Taxes and Penalties as are now in Arrear , or at any time since the Thirtieth day of September , in the year of our Lord , One thousand six hundred fifty and eight ( other then such as are hereby otherwise directed to be Levied ) or which shall be set and imposed upon the said Ninety five thousand Acres by vertue of this Act , and shall be in Arrear upon the respective parts and proportions of the said Ninety five thousand Acres , the said Governour , Bayliffs and Conservators of the said Corporation , and their Successors for the time being , or any five or more of them , whereof the said Governour and Bayliffs for the time being , and their Successors , or any of them to be two , for levying such Taxes and Penalties , which now are , or shall be so in arrear , upon the respective parts and proportions of the said Ninety five thousand Acres , shall on Wednesday and Thursday in Whitsun-wéek , or either of them every year at the Shire-House in Ely aforesaid in the said Isle of Ely , have power only to sell so much of such parts and proportions of the said Ninety five thousand Acres , upon which any Tax shall be in Arrear , or penalties in such proportion as the said Governour , Bailiffs and Conservators of the said Corporation or their Successors , or any five or more of them , whereof the said Governour and Bailiffs or any of them to be two , shall judg to be sufficient to raise such Taxes and penalties , by any writing under the Seal of the said Corporation ; and the person or persons to whom such Sales shall be made , shall be a lawful Purchaser and Assignée of so much as shall be sold , to all intents and purposes whatsoever .

Provided , That by any colour of any sale for non-payment of Taxes , Proviso for tenants at will or by leases . any Tenant or Tenants at will , or by Lease , Indented upon improved Rent of any part of the said Ninety five thousand Acres , shall not be removed from his or their possession , until he or they shall have taken his or their Crop from off the Premisses so sold , paying reasonable Rent proportionable to the time that such possession shall from and after such Sales be continued ; And such Tenant or Tenants as shall hold any part of the said Ninety five Thousand Acres by Lease as aforesaid , shall and may , if he or they shall think meet , continue out their respective terms , paying their Rent to such Purchaser in proportion , to the quantity of Acres so purchased ; Any thing herein contained to the contrary in any wise notwithstanding : Provided , That the said Corporation , nor their Successors shall not sell any part or proportion of the said Ninety five thousand Acres for any Tax or Penalty in arrear , which Tax or Penalties shall not be in arrear by the space of four moneths next before the Sale , nor any more Lands then only for the raising of such Taxes and Penalties .

Publick notice to be given of lands charged with arrears of taxes or penalties Provided also , That the said Corporation shall give publick notice from time to time of the parts and proportions of the said Ninety five thousand Acres , for which any Tax or Penalties is or shall be in arrear , by affixing openly at the Shire-House or Market-place in Ely aforesaid , a Schedule in Parchment under the Seal of the said Corporation , containing such parts and proportions of the said Ninety five thousand Acres , for which any Tax or Penalty is or shall be in arrear , with the name and names of the respective Owner or Owners , entred upon the Tax-Roll , with the said Corporation of the said parts and proportions of the said Ninety five thousand Acres so in arrear .

And be it further Enacted , That the said Corporation shall and may from time to time erect any new works within the said great Level , New works may be made . or without the said great Level , for conveying the Waters of the said great Level by convenient Out-falls to the Sea ; so always , that if they cut any several grounds , they give full recompence and satisfaction for the same , in such manner as shall be hereafter in this Act provided . The penalty for throwing down any works . And if any person or persons shall cut , throw down or destroy any of the said Works , made or to be made as aforesaid , the parties offending shall answer treble damages to the said Corporation , and Costs of Suit to be recovered in an Action of Trespass , to be brought by the said Corporation , in any of his Majesties Courts of Record ; And if such cutting , throwing down or destroying , shall be maliciously done , the same shall be punished , as for the cutting the Podyke in Marsh-Land .

The oath to be taken by the Governor , Bailiffs , and Conservators . And be it further Enacted , That the said William Earl of Bedford , nominated to be Governour , and every other from time to time into that Office chosen , shall ( before he take upon him or them , the exercise of that Office ) take an Oath , That he will well and truly execute that Office in all things ; the which Oath shall and may be administred by the said Bailiffs or any one of them : And the said Bailiffs , Conservators , Register , Receiver or other Officer nominated as aforesaid , and every other from time to time , into any of the respective Offices to be chosen , shall ( before he or they take upon him or them the exercise of the said respective Offices ) take the like Oath for the true executing their respective Offices ; the which Oath shall be administred by the said Governour , Bayliffs and Conservators , or any two or more of them , without any Commission or further warrant .

The Governor Bailiffs and Conservators to be elected yearly . And for the continuance of the said Corporation in Succession for ever , Be it further Enacted , That the said Governour , Bayliffs , Conservators and Commonalty upon Wednesday in Whitsun wéek yearly , shall at a publick meeting to be holden for the said Corporation , by the greater number then present , ( whereof the said Governour or one of the Bailiffs to be one ) elect a new Governour , Bayliffs and Conservators respectively : Provided , That none be capable to be , or continue Governour or Bayliffs , That hath not four hundred Acres or more of the said Ninety five thousand Acres , nor to be a Conservator that hath not two hundred Acres or more of the said Ninety five thousand Acres , nor any of the Commonalty to have a voice in Elections , that hath not one hundred Acres or more of the said Ninety five thousand Acres . And that the said Governour , Bailiffs and Conservators , or any of them , shall and may be removed by the said Governour , Bailiffs and Conservators and Commonalty , or the greater number of them present at their publick méetings , whereof the said Governour or one of the Bayliffs to be one , and new chosen in the place of him or them so dead or removed : Accounts to be made by all Officers and Agents imployed . And the said Governour , Bayliffs and Commonalty also shall have further power to have , demand and receive an Account from all and every the Officers , Agents and Servants , their Executors and Administrators heretofore imployed , or hereafter to be imployed for the receiving and paying of money , for or in relation to the carrying on of the Works of the Dreining of the said great Level , and shall and may sue for and recover the same ; and that all Arrears of Rent already incurred upon , or out of any part of the said Ninety five thousand Acres upon any Contract or Lease of the said Premisses , or any part or parcel thereof , shall be received and recovered , as if the said pretended Act had béen a good and effectual Act : And if any Suit be commenced against the said Corporation , In Suits against any imployed by this Act , the defendant may plead the general issue . or any person for any matter or thing done in pursuance of this Act , then he or they shall or may plead the General Issue , and give the special matter in Evidence upon any Tryal to be had touching the same , which shall be as good and effectual in Law , as if the same had béen specially pleaded , and the Iury upon the Tryal to give a Verdict accordingly .

Lands of persons attainted , and titles under them , vested in the King . Provided always , and be it further Enacted by the Authority aforesaid , That as touching and concerning such part and parcel of the said Eighty thrée thousand Acres , whereof any person or persons attainted , or that shall be attainted , was or were in possession , at any time since the Nine and twentieth day of May , in the year of our Lord , One thousand six hundred fourty and nine , under pretended Sales thereof respectively made by colour of the said pretended Act , or under any other Title or pretended title whatsoever , The Kings most Excellent Majesty , his Heirs , Successors and Assigns shall have the same , and like benefit , advantage and interest in all and every the said parts and parcels of the said Eighty thrée thousand Acres , and no other then as the said persons so attainted , or which shall be attainted , could or ought to have by vertue of this Act , in case they had not béen so attainted , or shall not be attainted . And whereas the Shares , Lots , Parts and Proportions of and in the said Ninety five thousand Acres , which in pursuance of the said Indenture of Fourtéen parts , and by vertue or intention of the said Act and Law of Sewers made at Lyn , do belong and appertain to the said Samuel Sandys the elder or his Trustées , Sir William Terringham , Sir Richard Onslow , and other the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased , Arthur Earl of Anglesey , Thomas Lord Culpeper , Robert Phillips , Robert Scawen , and to divers other persons the Participants of the said Earl Francis , and Parties of the said Indenture , or their respective Heirs , Executors , Administrators or Assigns , are now possessed and enjoyed by divers persons , who took , contracted for , or accepted of , or by such who claim and derive their interest and title from and under such persons as did take , contract for or accept of pretended Estates or Conveyances of the same , made , or pretended to be made by certain persons mentioned in and by the said pretended Act of the Nine and Twentieth day of May , One thousand six hundred fourty and nine , to have Authority to sell the Shares , Lots , Parts and Proportions of such of the Adventurers and Participants of the said Earl Francis , and of their respective Heirs and Assigns , as should refuse or make default of payment of such Taxes , as should by colour and in pursuance of the said pretended Act be imposed upon them respectively , in respect of their Shares and Lots , in or out of the said Ninety five thousand Acres ;

Be it therefore Enacted by the Authority aforesaid , That the said Governour , Bayliffs and Commonalty of the said Company of Conservators of the said Great Level of the Fenns , and their Successors , shall Actually stand seised and possessed of all and every the Shares , Lots , Parts and Proportions last mentioned , in trust nevertheless to and for the use and behoof of the said Samuel Sandys the Elder , or his Trustées , in trust for him , Sir William Terringham , Sir Richard Onslow , and others the said Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased , Arthur Earl of Anglesey , Thomas Lord Culpepper , Robert Phillips , Robert Scawen , and of their respective Heirs and Assigns , and to and for the respective uses and behoofs of the said other persons , the Participants of the said Earl Francis , and Parties to the the said Indenture of Fourtéen parts , and of their respective Heirs and Assigns now out of possession , of their respective Shares , Lots , Parts and Proportions of the said Ninety five thousand acres , as heretofore in or about the Moneth of October , in the Thirtéenth year of the Reign of the late King Charles of ever blessed memory , were respectively allotted , severed , set forth or divided , for or as the respective Shares , Lots , Parts and Proportions of such of the Adventurers , the Participants of the said Earl Francis , and Parties to the said Indenture of Fourtéen parts , their respective Heirs , Executors , Administrators and Assigns , from and under whom the said Samuel Sandys , the Elder , or his Trustées , Sir William Terringham , Sir Richard Onslow , and others the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased , Arthur Earl of Anglesey , Thomas Lord Culpepper , Robert Phillips , Robert Scawen , and the said other persons , the Participants of the said Earl Francis , and their respective Heirs , Executors , Administrators and Assigns , now out of possessions of their respective Shares , Lots , Parts and Proportions , do respectively claim and derive their said Shares , Lots , Parts and Proportions ; And the said Governour , Bayliffs and Commonalty of the Company of Conservators , are hereby authorized and required to execute respective Estates , of the said Shares , Lots , Parts and Proportions accordingly , subject and lyable nevertheless with the residue of the said Ninety five thousand acres , in equal proportion to all taxes and charges to be laid and imposed by vertue of this Act for preservation of the said Great Level from drowning . And whereas the persons now in possession of the said last mentioned Shares , Lots , Parts and Proportions of the said Ninety five thousand acres , whereof pretended Estates and Conveyances were taken , contracted for , or accepted of , as aforesaid , do pretend that they or those under whom they do respectively claim and derive their right , title or pretensions to the said Shares , Lots , Parts and Proportions respectively , have laid out and disbursed for Taxes for and towards the maintenance , preservation and repair of the works of the said Great Level heretofore Erected by the Earl Francis and his Participants , and for and towards their erection of new and necessary works , for the better and more effectual Dreyning of the said Great Level , and for building upon the said Shares , Lots , Parts and Proportions , more moneys then the cléer rents , issues and profits of the said Shares , Lots , Parts and Proportions have amounted to since the said respective pretended Estates and Conveyances were first taken , contracted for , & accepted as aforesaid ;

Be it therefore Enacted by the Authority aforesaid , And it is hereby Enacted , That the Chief Iustice of the Court of Kings Bench , the Chief Iustice of the Court of Common-Pleas , The Chief Iustice of the Kings bench and others made a Iudicature to hear and determine differences . the Chief Baron of the Court of Exchequer , and the Iustices of the said Court of Common-Pleas for the time being , or any two or more of them , are hereby constituted , appointed , and erected a Iudicature , , or Commissioners to Hear , Order , Iudge , Decrée and Determine upon Bills and Answers , to be Exhibited , or otherwise as they shall think fit , betwéen the said persons who are now in the Possession of the said respective Shares , Lots , Parts and Proportions , and the respective Heirs and Assigns of the said persons now in possession as aforesaid ; And the said Sir Richard Onslow , and other the said Assignées and Trustées of the said Henry late Earl of Arundel and Surrey deceased , Arthur Earl of Anglesey , Thomas Lord Culpepper , the said Samuel Sandys the elder , or his Trustées , Sir William Terringham , Robert Phillips , Robert Scawen , and the said other persons Participants of the said Earl Francis , and their respective Heirs and Assigns , who are now out of the possession of the said Shares , Lots , Parts and Proportions respectively , and to whom respective Estates are by vertue of this Act to be executed of the same as aforesaid ; And the said Iudicature or Commissioners , or any two or more of them are hereby authorized out of the said Shares , Lots , Parts and Proportions , to Order , Adjudge , Decrée , and Determine to either of the said Parties respectively , such recompence and allowance as they the said Iudicature or Commissioners , or any two or more of them shall see cause : And for the better enabling the said Iudicature or Commissioners to procéed to the hearing , ordering , adjudging , decréeing and determining , and for putting in due and spéedy execution such Order , Iudgement , Decrée , and Determination , as they or any two or more of them shall make betwéen the said parties .

It is hereby further Enacted by the Authority aforesaid , That they the said Iudicature or Commissioners , or any two or more of them , shall have such and the like power and authority , as the High Court of Chancery hath in cases before the said Court depending , and for putting in execution the Decrées of the said Court. The power and authority of the said Iudicature . And to the end that the said Iudicature may be the better enabled to Iudge of the Rights and Pretensions of either party ,

Be it further Enacted by the Authority aforesaid , That in every Decrée or Determination which they shall make by vertue and in pursuance of this Act , they shall have regard to the sum and sums of money actually disbursed , and expended by either party in the Works of Dreyning the said Great Level , Directions for their decrees and proceedings . and in the preservation and reparation of the same ; and also to the respective Times of such Disbursements and expence , defalking thereout such sum and sums of money as have béen received by either party , their Tenants or Assigns , for the Rents , Issues and Profits of the same , and abating out of the Interest of the Money disbursed by either party , so much as the Interest of the Money received by such party for the Rents , Issues and Profits of the same doth amount unto . And to the intent that the persons who by the true intent and meaning of this Act are to be put into possession of any part of the said Eighty thrée thousand acres , may not by undue delayes , or by any other means or pretensions be kept out of the possession of the same ;

Be it further Enacted by the Authority aforesaid , That at any time or times after the expiration of Six moneths after the Passing of this Act , it shall and may be lawful to and for the said Samuel Sandys the elder , and his Trustées for him , Sir Richard Onslow , and others the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased , Arthur Earl of Anglesey , Thomas Lord Culpepper , Sir William Terringham , Robert Phillips , and Robert Scawen , their and every of their respective Heires and Assigns , and to and for the Participants of the said Earl Francis , Parties to the said Indenture of Fourtéen parts , their and every of their respective heirs and assigns , whose Lands , Shares , Lots , Parts and Proportions of and in the said Ninety five thousand acres , were sold , or pretended to be sold , for non-payment of Taxes , by vertue of the said pretended Act of the Nine and twentieth day of May , in the year of our Lord , One thousand six hundred forty and nine , to bring their respective Action or Actions of Trespass , or Trespass and Ejectment in His Majesties Court of Kings Bench , or Court of Common-Pleas at Westminster , against any person or persons whatsoever , possessing , withholding , or occupying the same , although the said Governour , Bayliffs and Conservators , or so many and such of them as are thereunto authorized by this present Act , have not , or shall not execute estates pursuant to this present Act , to such person or persons hereby enabled to bring such Action or Actions ; and such person or persons shall recover such Lands , Shares , Lots , Parts and Proportions of the said Ninety five thousand acres , as they respectivly shall make and derive title and claim unto , as Participants of the said Francis Earl of Bedford , parties to the said Indenture of Fourtéen parts , or as the respective Heirs or Assigns of the said respective Participants parties to the said Indenture of Fourtéen parts , as if the said Governour , Bayliffs and Conservators had duely executed respective Estates of such respective Lands , Shares , Lots , parts and Proportions of the said Ninety five thousand acres , according to the true intent and meaning of this Act : And such person or persons , his and their respective Heirs and Assigns shall have and hold the same Lands , Shares , Lots , parts and proportions , as fully and effectually as if the said Governour , Bayliffs and Conservators had executed respective Estates thereof , subject nevertheless to such Decrée as the said Iudicature or Commissioners before nominated and appointed shall make touching or concerning the Premises and also subject to the payment of all Taxes , to be laid and imposed by vertue of this Act , and no other . And whereas there are several sums of money , amounting to Four thousand pounds or thereabouts , in arrear for Taxes , laid and imposed since the Nine and twentieth day of September , 4000 l. in arrear for Taxes upon whom to be laid . in the yeare of our Lord One thousand six hundred fifty and eight , upon several parts of the said Ninety five thousand acres , subjected by this Act to the Iudicature aforesaid ; and for Penalties incurred for non-payment of the same , by vertue or colour of some Act or authority , or pretended Act or authority ;

Be it therefore Enacted by the authority aforesaid , That the said Commissioners or Iudicatory , or any two of them aforesaid , shall have Power and authority , and are hereby required in such adjudication as they shall make , touching the Lands subjected to their Iudicature as aforesaid , to Direct , Order and Decrée , upon what Persons or Lands , the said Sums of Money so in Arrear for Taxes and Penalties as aforesaid shall be charged , and the said Taxes and Penalties shall be accordingly levyed upon such Persons or Lands , and in such manner , and by such ways and means as shall be Directed Ordered and Decréed by the Iudicature aforesaid , or any two of them ; And as if such Direction , Order and Decree had béen particularly hereby Enacted .

Complaints by particular persons and Parishes . And whereas particular persons and Parishes do conceive and alledge , That the Dreining of one place hath Drowned and made worse the Lands in other places : And whereas divers persons likewise do alledge and complain , That the said Ninety five thousand acres in many places are not indifferently set out , or allotted , according to the Law made at Lyn , in the Sixth year of the late King Charles , nor according to Agréement made with the Countrey ; But in many places greater quantities have béen taken from the Owners , Commoners , and Townships then ought to have béen ; And that some Lands have béen taken , as belonging to one Parish and County , which in truth did belong to another . And in many places the allotments have béen taken very inconvenient for the Townships , which ought not to have béen by the said Agréement . And whereas the Dreining aforesaid , and future maintenance of the said Great Level ought to be without prejudice to Navigation : And because all Complaints which have béen made , and all prejudices which have béen or shall be done to particular Persons , Parishes and Places , cannot by this Act be sufficiently provided for and remedied ;

Be it further Enacted by the Authority aforesaid , That Sir John Tracy Knight , Commissioners hearing the said Complaints and Differences . Sir Charles Mordant , Sir Nicholas L' Strange , Baronets , Sir William Hovel Knight , Edward Pepis , Humphrey Beddingfield , Nicholas Stileman , Esquires , for the County of Norfolk .

Sir Nicholas Bacon , Knight of the Bath , Sir Lyonel Tolimach Baronet , Sir John Duncombe Knight , Sir Edmond Pooley Knight , Sir George Reve Knight and Baronet , Sir George Weneve Knight , Thomas Waldegrave Esquire , for the County of Suffolk .

Sir Dudley North , Sir Thomas Wendy ; Knights of the Bath ; Levinus Bennet Esq Robert King , John Pepis , Doctors of the Law , Thomas Crouch , Francis North , Esquires , for the County of Cambridge .

Sir Thomas Sclater Baronet , L' Strange Colthrop , John Millecent , Thomas Hall , John Sotheby , Esquires ; John Bing Esquire , and William Wren Esquire , for the Isle of Ely .

Sir Francis Compton Knight , Robert Appreece , Sutton Ashfield , Esquires ; Anthony South Doctor of the Law , Robert Payne , Richard Nayler , _____ Ferrers of Gedding , Esquires , for the County of Huntington .

Sir William Dudley , Knight and Baronet ; Maurice Tresham , Francis Kirkham , Lewis Palmer , Christopher Thursby , Francis Lane , George Tresham , Esquires , for the County of Northampton .

Sir Charles Hussey , Sir John Newton , Baronets , Sir Thomas Meeres , Sir Anthony Irby , Knights , Sir Anthony Oldfield Baronet , Richard Brownlow , Daniel Rhodes , Esquires , for the County of Lincoln , shall be and are hereby made and constituted the present Commissioners for the purpose herein mentioned .

And for the supplying the number of the Commissioners of the said respective Counties , in case of death or other avoidance , or incapacity : Be it also Enacted , That within Thrée moneths after such death , or Notice of such avoidance or incapacity of the remaining Commissioners of each respective County , of which such Commissioners who died , or became incapable were , or the major part of them shall from time to time nominate and appoint by Déed under their Hands and Seals to be enrolled in Chancery some other person or persons residing within the said County , of which the said Commissioners who died , or became incapable , The Power and Authority of the said Commissioners . were to be Commissioners in the place and stead of him or them so dying , or becoming incapable , which said Commissioners hereby constituted , or hereafter to be constituted in manner aforesaid , or any seven or more of them be , are and shall be hereby Authorized and Impowred from time to time to hear and determine such Complaints , Controversies , Differences and Grievances as are in this Act expressed ( relating to , or concerning , or occasioned by the Dreining and Maintaining the said Great Level ) of any Parish or Township , or of any person or persons , as well within or without the said Level , in such manner as is herein after expressed : And that the said Commissioners hereby constituted , or hereafter to be constituted in manner aforesaid , or any seven or more of them , shall from time to time have power and authority , and are hereby required , at or before the Eight and twentieth day of September , which shall be in the year of our Lord , One thousand six hundred sixty and six , to give or make satisfaction out of the said Ninety five thousand Acres to such Parish or Township , Person or Persons , whose Lands or Interest therein , either within , or without the said Level , shall after the First day of May , One thousand six hundred sixty and thrée be made worse in quality or condition by the aforesaid Dreining or Works , then they were before the Vndertaking the Dreining of the said Level in the Sixth year of the Reign of our late King Charles of blessed memory , and proportionable to the Losses the owners of or persons interessed in such Lands shall hereafter receive by reason of their Lands being made worse in Quality or Condition by any such Works and Dreining as aforesaid , and shall also have power at any time within Four years , from the Four and twentieth day of June , in the year of our Lord , One thousand six hundred sixty and thrée , to alter , change and restore such parts and parcels of the said Ninety five thousand Acres , as shall upon Complaint be found and adjudged by the said Commissioners , or any seven or more of them , to be unequally , unduly or inconveniently set forth , by reason of any allotting , either of greater quantities , or as belonging to other Counties , Parishes , or Manors , or in more inconvenient places then they were formerly allotted and set out by a Law of Sewers made at Saint Ives the Twelfth day of October , in the Thirtéenth year of King Charles the First , notwithstanding any vesting of the said Ninety five thousand Acres or any part thereof in the Kings Majesty , or in the said Governour , Bailiffs and Commonalty , or in any other persons before mentioned , or any Estates executed by them , or any of them . Ravely , Upwood , Sothery , Wicken , Cowfenn , Beezling .

Provided , and be it Enacted , That Ninety thrée Acres in Ravely and Upwood , Seventy six Acres in Sothery , Fourty four Acres and one Rood in Wicken , Eighty eight Acres in Cowfenn , Two hundred eighty two Acres in Beezling , and Thirty seven Acres in Upwell , set out to be enjoyed as part of the said Ninety five thousand Acres since the making the said Law of St. Ives , in lieu of like Proportions altered and restored to the Countrey , shall be held and enjoyed by the said Corporation , subject nevertheless to the trust in and by this Act declared , as to the said Eighty thrée thousand Acres residue of the said Ninety five thousand Acres ; and shall be set forth to the said Corporation in trust for the Participants or Adventurers , whose proportion shall be so altered or exchanged , in lieu of such part as shall be so altered , exchanged or restored , such other proportions in such other places within the said Level , as to the said Commissioners , or any seven or more of them , that any of the proportions of the said Ninety five thousand Acres heretofore set forth to Francis Earl of Bedford , his then Participants and Assigns , do fall short in the quantity of Acres , for which the same were set forth and allotted , according to the said Laws of Lynne and St. Ives , the said Commissioners , or any seven or more of them , shall within the said term of Four years aforesaid , appoint the same to be supplied and made up , out of the grounds where the same was so allotted to be set forth , to make up the said proportion of Ninety five thousand Acres . And in case the said Earl of Bedford and his Participants , or the said Corporation , shall through or by reason of their undertaking or Dreyning aforesaid , in the sixth year of His late Majesties Reign of ever blessed Memory , have done , or hereafter shall do any Act or Acts to the prejudice of Navigation , and whereby Navigation in the said Rivers of Owse and Grant , and all other Rivers now Navigable passing through the said Level , and the River of Westwater , being a branch of the River of Owse , if it be consistent with the Dreyning , or in any of them , or such Drove wayes or Bridges within and without the said Level , as have béen made or caused to be made by the Adventurers , and have been by them maintained , unless there be some agréement to the contrary , be or hereafter shal be interrupted , obstructed and made worse , that then the said Commissioners , or any seven or more of them , whereof the Vice-Chancellour for the Vniversity of Cambridge , the Mayor of the Town of Cambridge , and the Mayor of the Town of Kings Lynne , for the time being , to be thrée ; if they upon notice left at their respective Habitations shall think fit to be present , from time to time , shall and may decrée the same to be made good and amended , at the proper Costs and Charges of the said Corporation , within a convenient time , as to their Iudgements shall séem méet : And in case it shall happen and so fall out , that the said Corporation shall neglect or refuse to repair and make good the same , according to the Order and Decrée of the said Commissioners , and within the time limited by them , that then it shall and may be lawful to and for the said Commissioners , or any seven or more of them , by Warrant under their Hands and Seals attested , to tax the said Ninety five thousand Acres in such Sum and Sums of money as in their Iudgements shall séem méet for the making , preserving and kéeping the Navigation in any of the aforesaid Rivers , as the same was in the said Sixth year of the said King Charles the First ; which said Sum or Sums of money so to be Assessed or Taxed by the Commissioners aforesaid , shall within Twenty days next after notice thereof given to the Governour or Treasurer of the said Corporation , be paid unto such person and persons as the said Commissioners shall nominate and appoint to receive the same . And in case the said Governour or Treasurer of the said Corporation , after notice so given as aforesaid , shall refuse or neglect to pay the said Sum or Sums , as aforesaid , That then the said Commissioners , or any seven or more of them , shall have full power and Authority to impower the said person or persons to levy the said Sum or Sums of money by Distress or Distresses to be taken upon the said Ninety five thousand Acres , or any part thereof , and make sale of the said Distress or Distresses so taken , and sell the same , and render the overplus unto the said Governour or Treasurer , deducting the reasonable charges for their labour and pains therein : All which said Sum or Sums of money so to be taxed and levied by the Authority aforesaid , shall be expended and laid out in preserving and kéeping the said Navigation as aforesaid , and maintaining the same according to the true intent and meaning of this Statute , and not otherwise . And the said Commissioners , or any Seven or more of them , are also hereby Impowered and Authorized within the space of Four years , from the Four and twentieth day of June , in the year of our Lord One thousand six hundred sixty & thrée , to ascertain and divide the Precincts and Boundaries of such parts of the said respective Counties , Lordships , Mannors and Parishes within the said Level , as have béen by and since the undertaking , defaced and made obscure , or by some other means remain uncertain and hard to be found out , and shall set down such Bounds and Divisions in writing , by such Marks , Boundaries and Descriptions as to them shall séem méet , and shall certifie the same under their hands and seals , in the High Court of Chancery ; according to which Division of the said Commissioners , or any seven or more of them , the extent of the said respective Counties , Lordships , Mannors and Parishes in such places so bounded and divided , shall for ever after the said Certificate , be déemed to be , and none other : And in case the quantity of Eight thousand acres lying together , or near together , or any greater quantity of Ground lying together , or near together , within the said Level , shall become drowned , and so continue for the space of Twelve moneths together , That then it shall be lawful for the said Commissioners for the time being , or any seven or more of them , from time to time , and at all times , to Assess Taxes or Sums of Money upon the said Ninety five thousand Acres , for the raising money for Draining the same again , in such proportion as they , or any seven or more of them shall think fit , together with a penalty for not paying the said Taxes , the said penalty not excéeding a third part of such Tax .

How lands may be sold for non-payment of Taxes or penalties . And for default of payment of the said Taxes or Sums of money and penalties , Be it Enacted , That the Lot and Share of such Participant or Adventurer of and within the said Ninety five thousand Acres , as shall be in arrear for the said Tax , sum of money , or penalty , and unpaid by the space of two moneths next after the day appointed for payment by the said Commissioners , or any seven or more of them , or so much thereof as they shall think fit , shall be Sequestred by the said Commissioners , or any seven or more of them , for or towards the payment of such Tax , sum of money , or penalty so in arrear , restoring the overplus of the money for which such Lot or Share , or any part thereof shall be Sequestred , if any be : Which Sequestration shall be made in writing under the hands and seals of the said Commissioners for the time being , or any seven or more of them .

Provided always , and be it Enacted by the Authority aforesaid , That in case the said Governor , Bayliffs and Corporation constituted by this Act shall neglect or refuse to pay such Tax or Taxes and penalties , sum or sums of money as shall from time to time hereafter be taxed and imposed by the said Commissioners before named , or to be named by vertue of this Act , or any seven or more of them , pursuant to the Powers given them by this Act ; whereupon the Goods and Chattels of any person or persons , his or their Tenant or Tenants of and in the said Ninety five thousand acres , or any part thereof , shall be distrained or sold , or his or their Lands Sequestred for the payment thereof , or that such person or persons , his or their Tenant or Tenants , shall thereupon pay the said Tax and Taxes , and penalties so assessed and imposed as aforesaid ▪ That then the said Governour , Bayliffs and Corporation , immediately from and after notice to him or them given thereof , shall Assess and Tax the whole Ninety five thousand Acres for the satisfaction and payment of the Tax , Taxes , and penalties , sum and sums of money , and all damages that such person or persons , his or their Tenant or Tenants hath or have paid , born or sustained , as aforesaid .

And be it further Enacted by the Authority aforesaid , That if the said Governour , Bayliffs and Corporation shall not within six moneths next after demand made by such person or persons , his and their Heirs , Executors and Administrators , whose own , or Tenant or Tenants , Goods and Chattels shall be distrained or sold , or Lands sequestred as aforesaid , pay and satisfie unto him or them such sum and sums of money , and damages , as he or they , and his and their respective Tenant or Tenants have respectively paid , born and sustained , That then , and from thenceforth such person and persons , his and their Heirs and Assigns , shall and may bring his and their Action or Actions of Debt in any of the Kings Majesties Courts at Westminster , against the said Governour , Bayliffs and Corporation , for the recovery thereof , and by vertue of this Act shall recover the same , and be allowed Costs of Suit expended therein .

And be it further Enacted by the Authority aforesaid , That the Commissioners so constituted or to be hereafter constituted as aforesaid , or any seven or more of them , for the better execution of the Powers hereby given , shall & may inform themselves by examining Witnesses upon Oath , which hereby they or any seven or more of them shall have power to administer due execution of all , every or any the Powers or Authorities hereby given them , & for the doing Iustice therein accordingly . The Commissioners to take an Oath .

Provided always , That the said Commi●●ioners and every of them , before he or they take upon him or them the execution of any the Powers or Authorities hereby given them , other then the administring the Oath following to one another , which they shall have authority by this present Act to administer to one another , shall take the Oath following , ( viz. )

I A. B. shall and will without favour or affection , hatred or malice , truly and impartially , according to the best of my skill and knowledg , execute and perform all and every the Powers and Authorities established by this Act of Parliament .

Which Oath any one of the said Commissioners are hereby authorized to administer .

And be it further Enacted by the Authority aforesaid , That all Iudgments , Orders , Decrées , Determinations , Alterations , Changes , Restaurations , and other Acts done by the said Commissioners hereby constituted , or hereafter to be constituted as aforesaid , or of any seven or more of them respectively , pursuant to the Powers and Authorities by this Act given , shall be final ; And that the first time and place of their Méeting shall be at or before the Two and twentieth day of September , in the year of our Lord , One thousand six hundred sixty and thrée , at Ely .

And that afterwards the usual places where the said Commissioners shall sit to Hear , Order , The Places where the Commissioners shall sit . and Determine the Matters to them referred by this Act , shall from the 29th of September , to the 26th day of March in every year , be at the Town of Huntington ; and from the 25th day of March , till the 30th day of September in every year , be at Ely , unless the said Commissioners hereby constituted , or hereafter to be constituted as aforesaid , or any seven or more of them shall appoint some other place or places , being a Market Town or Towns ; And the said Commissioners , or any seven or more of them shall by Warrant under their hands and seals declare the places and times of their after-méeting , which Warrant shall be published in the open Market of such respective places where they last sate , betwéen the hours of Twelve & Two upon some Market day , one moneth at the least before the said time or times of méeting , To the end all persons concerned may have sufficient time and notice to make their appearance before them upon any cause of complaint , or other occasion ; And shall have power and authority by Warrant under the hands and seals of any seven or more of them to summon Parties and Witnesses to appear before them .

Provided , That none of the said Commissioners hereby constituted , or hereafter to be constituted as aforesaid , shall Vote or give his Iudgment or Determination in any matter or thing which concerns the Division and Bounds of the County , of or for which he is appointed Commissioner .

Provided also , That no person who hath any Part , Share , or Interest in Possession or Reversion of or in any Mannors or Lands within the said Level , shall be a Commissioner .

And in case of Descent , Gift , Devise , or Purchase of any such Part , Share or Interest to , or by any of the said Commissioners , It is hereby Declared and Enacted , That immediately after such Descent , Gift , Devise or Purchase to or by any such Commissioner , The said Descent , Gift , Devise or Purchase shall be an avoidance of his being a Commissioner ; and shall make him be incapable of being again nominated , or appointed a Commissioner whilst his Interest doth remain .

Provided also , and the said Commissioners for the time being , or any seven or more of them shall from time to time , and at all times have power and authority to give and make satisfaction out of the Ninety five thousand Acres , to such person or persons , whose Lands or Interest therein ( by any New Works , hereafter to be made by the said Corporation without the said Level for conveying of the Waters of the said Level by convenient Outfals to the Sea ) shall be made worse in quality , condition or value , then they were before the said Vndertaking in the said Sixth year of the said late King Charles , proportionable to the loss and damage the Parties shall receive thereby .

Owners of Wastes and Commons may improve . And to the end that the Owners of the Commons and Wastes in the said Level , and other Towns , Parishes and places , unto which the Works aforesaid , or any of them do extend , may improve the same by making Divisions and Inclosures , Be it Provided and Enacted by the Authority aforesaid , That it shall and may be lawful for any person or persons . Body Politique or Corporate whatsoever ; their Heirs and Successors , that are or shall be Lords of Mannors , or have or shall have right of Common in the said Wastes , to Improve , Set out , Inclose , Divide and Sever such Proportion or Proportions , as to them shall or may severally or respectively belong or appertain , or be adjudged and allotted out of the said Commons and Wastes within the said Level , or within any Town , Parish or place into which the Works aforesaid , or any of them do extend . And to hold such proportion in severalty at all times of the year ; and all Differences that shall arise concerning the Boundaries of the Wastes , Rights of Common , Approvements , Allotments , Divisions and Inclosures , shall from time to time , and at all times be Determined , Adjudged , and finally ended by the said Commissioners for the time being , or any seven or more of them upon their View or Examination of Witnesses upon Oath , which they are hereby Authorized to Administer , or upon both , and hearing of the Parties concerned by their Adjudication under their Hands and Seals in Writing , which Determination and Iudgment being Certified into the Petty-bag , there to be Filed and kept on Record , shall be final and conclusive unto all parties : And the Allotments , Divisions and Proportions so Adjudged or Decréed to be held by the said respective persons , to whom they are so Set out , shall be held by him or them , and his and their Heirs , Executors and Assigns respectively , according to his or their Tenure or Tenures , Estate , Title or Interest they had in the Mannors , Tenements , and Lands , for which they Claimed the said Proportions of Common as abovesaid ; paying such Fines and Rents , and doing such Services in proportion for the same , as by Custom or otherways they are to pay or do , and do for the Mannors , Tenements and Lands , for which they Claim the same proportion , having such respect to the yearly values of the one and the other , as shall ( if néed so require ) be limited by seven or more of the Commissioners .

Provided also , and be it Enacted , That it shall and may be lawful to and for such person and persons ( as were heretofore Owners of the One hundred seventy five Acres in Sutton , North and South Meadland in the said Isle of Ely , Sutton , Meadland . set out by the said Law of St. Ives as a Recompence for Dreining the whole North and South Meadlands , containing about One thousand Acres , their Heirs or Assigns , to sue and implead before the said Commissioners , or any seven or more of them , the Owners and Occupiers of the said North and South Meadlands , or elsewhere within the said Great Level , to draw them into Contribution for their several and respective Proportions of the said North and South Meadlands , towards the said One hundred seventy five Acres . And the said Commissioners , or any seven or more of them , shall thereupon Adjudge and Decrée unto the said Owners of the said One hundred seventy five Acres , or such of them as they shall think fit , and to their Heirs and Assigns , such recompence and satisfaction , either in ready Money , yearly Rent , or Land , out of the residue of the said North and South Meadlands , as to the said Commissioners , or any seven or more of them shall séem méet , to be held and enjoyed by the said Owners of the said One hundred seventy five Acres , their Heirs and Assigns .

Provided always , and be it Enacted , That it shall and may be lawful to and for Sir John Watts , Knight , and others , who derive any interest under the Dreyners of that Fenn called Londoners Fenn , his and their Heirs and Assigns , to sue and implead all and every person and persons , their Executors and Administrators , that have taken and received the rents and profits of his or their share and proportion of Londoners Fenn , Londoners Fenn . remaining from the share and proportion allotted and set out by the said Law of St. Ives , since the said Level was adjudged Dreined , and to sue for and recover the same in any of his Majesties Courts at Westminster ; and also that it shall and may be lawful to and for the said Sir John Watts and the Participants aforesaid , his and their Heirs and Assigns , heretofore Owners of the several proportions in Londoners Fenn , set out by St. Ives Law for the Adventurers recompence for Dreyning the low Grounds in Upwell , Upwell , Outwell , Welney . Outwell , and Welney , to pursue and prosecute before the said Commissioners , or any seven or more of them , their claim , and sue for relief against the owners or occupiers of the Fenny and low surrounded Grounds lying in Upwell , Outwell , and Welney aforesaid , whose Grounds did not all contribute , or not in equal proportion to the said Ninety five thousand Acres , to draw them into Contribution , in ease of the said Sir John Watts and the Participants aforesaid , and thereupon the said Commissioners , or any seven or more of them , are hereby impowred to adjudge and decrée unto the said Sir John Watts , and the Participants aforesaid , his and their Heirs and Assigns , such proportion out of the said Grounds , which have not equally contributed as aforesaid , as to the said Commissioners , or any seven or more of them shall séem méet .

Provided always , and be it Enacted , that it shall and may be lawful for the Kings Majesty and the Quéen● Majesty , their Heirs , Successors and Assigns , to continue in the possession , usage & disposal of the Bank , called Dousedale Bank , being on the south side of His Majesties Demean Lands , Dousedale Bank . called Port sand , belonging to their Mannor of Crowland , being part therof , and to have such ancient Passages and Currents as of right have béen used and accustomed , for the avoidance of water through the same into the River South Eae , as if this Act had never béen made .

Provided always , and be it Enacted by the authority aforesaid , How and for what time Archbishops Bishops &c. may make leases . That it shall and may be lawful to and for every Archbishop , Bishop , Dean and Chapter , and all Colledges and Halls in either Vniversity , and all Bodies Politique and Corporate , who are or shall be Lords of Mannors or have , or shall have , right of Soil or Common in the Wastes within this said Level , or within such other Towns , Parishes and Places into which the Works of the Dreyning aforesaid do or shall extend , and who are by this Act impowred to improve , set out , inclose , divide , and sever such proportion or proportions as to them shall or may respectively belong or appertain , out of the said Commons and Wastes within the said Level , to demise by Indenture all and every the said such proportion or proportions as to them shall or may respectively belong or appertain , out of the said Commons or Wastes within the said Level which have not by express Words and under any particular Rent béen at any time formerly demised for any Term or Number of Years , not excéeding One and twenty Years , so as upon every such Demise or Lease be reserved the fourth part of the true Yearly value to be ascertained by the Commissioners aforesaid , or any seven of them , due and payable Yearly during the said Term to him or them , and his and their Successors .

Provided always , and be it Declared by and with the consent of all Parties concerned , That neither this Act , nor any thing therein contained , shall extend or be construed to extend to alter the possession of Thomas Chicheley Esquire , of or from Six hundred seventy one acres , parcel of the Lot now claimed to belong to the said Trustées of Henry late Earl of Arundel and Surrey , and Two hundred thirty one acres , Parcel of the Lot now cliamed to belong to the said Sir William Terringham , or from any part thereof , by him the said Thomas Chicheley now enjoyed under Purchasers by Sales for non-payment of Taxes upon the dispute betwéen the old and new Adventurers ; But that the said Corporation shall execute Conveyances of the said respective proportion unto the said Thomas Chicheley , his Heirs and Assigns , Any thing herein contained to the contrary thereof in any wise notwithstanding .

Provided always , and be it Enacted , That all such Right or Rights as any Lord or Lords of any Mannor or Mannors , Liberties , Hundred or half hundred , have heretofore had within their respective Mannor or Mannors , Liberties , Hundred or half hundred within or without the said Level , to Waifes , Strayes , Felons Goods , Priviledges of Arrests , Escheats , and all other Royalties not prejudicial to the Dreining , be hereby saved to them , their Heirs , Successors and Assigns severally and respectively ; Any thing in this Act to the contrary thereof notwithstanding .

Provided always , That this Act , or any thing therein contained , shall not be interpreted to infringe , or any way to weaken an Act made the Fourth year of the Reign of King James , 4 Jac. cap. 13. Entituled , An Act for the Dreining of certain Fenns and Low Grounds within the Isle of Ely , subject to hurt by Surrounding , containing about Six thousand acres , compassed about with certain Banks , commonly called and named , The Ring of Waltersea and Coldham ; but the said Act shall stand in full force and vertue ; Any thing in this present Act to the contrary notwithstanding .

Provided also , That whereas divers Lands in and near adjoyning unto the said Great Level , have béen cut through for the better conveying of the Waters from the same , and for upholding or repairing the Banks and Workes there , without making satisfaction to the respective Owners of the said Lands , for the damage they have sustained by such cutting , Be it further Enacted , That the said Commissioners for the time being , or any seven or more of them , upon complaint to them made of such damage sustained as aforesaid , without recompence for the same , shall be , and are hereby impowered to award and Decrée such recompence and satisfaction to the party and parties grieved , according to their respective damages sustained by such cutting , as to the said Commissioners for the time being , or any seven or more of them shall be adjudged reasonable , the said recompence and satisfaction to be made and given by the said Corporation , within six moneths next after such Award or Decrée made ; and in default thereof , the said Commissioners , or any seven or more of them , shall and may , and are hereby impowered to Rate and Tax the said 95. thousand Acres , and to Distrain thereupon for the payment of such Rate or Tax , and the Distress taken thereupon to sell or dispose as they shall think fit , ( rendring the overplus ( if any be ) to the Owners ) for the payment and satisfaction of such moneys , and damages as shall be so Awarded ; Any thing in this Act to the contrary thereof notwithstanding .

Provided nevertheless , That in case the Iudicature hereby established , The Barons of the Exchequer impowred to hear and determine differences between parties . shall not within Twelve moneths from the First day of August next , hear and determine all the matters by this Act to them referred , concerning the said 95000. acres , all and every such person and persons whose Complaints shall be then undetermined , may make their applications to the Barons of His Majesties Court of Exchequer , who are hereby established a Court of Iudicature , and sufficiently authorized to hear and determine all such controversies and differences betwéen the said parties , in as large and ample manner , to all intents and purposes , as the Iudicature hereby established might have done , and such Iudgment , Order or Decrée of the said Court of Exchequer , shall be in all things observed , and be effectual as if the said Barons had béen made the only Iudicature by this Act.

Lessees of the King . Provided always , and be it Enacted by the Authority aforesaid , That the Lessées of the Kings Majesty , his Heirs and Successors of the said Ten thousand Acres , or of any part thereof , and the Assigns of such Lessées , and every or any of them , shall be capable to be elected and chosen into the Office or Place , Offices or Places of Governor , Bayliffs and Conservators aforesaid , and to vote in such elections and choice , and in all other matters , as fully to all intents and purposes as any other Members of the Corporation , Owners of any part of the said Ninety five thousand acres , may be elected and chosen , vote in such election and choice , or in any other matter , so as such Lessées and their Assignées respectively have and be Lessées or Owners of double the quantity or number of Acres , parcel of the said Ten thousand Acres , as by vertue of this Act is required , to qualifie any person to be elected and chosen into the Office or Place of Governor , Bayliff or Conservator respectively , and to vote in such elections and choice , or in any other matter touching the said Level , and so as such Leases or Assignments they claim by , be entred with the Register ; Any thing before in this Act to the contrary notwithstanding .

Provided always , and be it Enacted by the Authority aforesaid , That this Act shall not extend to Impeach or make void any Obligation given to David Offley Gentleman conditioned for his quiet enjoyment of a certain parcel of Land purchased by him in the said Level , but that the said David Offley may sue and prosecute his several Action or Actions upon the said Obligation , as if he had béen evicted or removed from his Estate therein by due course of Law .

How Breaches shall be made good . And be it further Enacted by the Authority aforesaid , That if any Breaches happen in any of the Banks , Sasses , Sluces , Tunnels , or other Works within the said Great Level , or in any the Works made without the said Great Level , for carrying the waters of the said Great Level to their Out-fall at Sea , by reason of some inevitable accidents , the same shall be repaired and made good in convenient time , by and at the Charges of the said Corporation and their Successors ; but no other Charge shall be laid upon the said Corporation or their Successors , for or in respect of such Breaches , nor for or in respect of any Breaches that have happened heretofore in any of the said Banks , Sasses , Sluces or other Works ; nor shall the said Corporation be inforced to give to any other person any recompence for any loss or damage which hath or shall happen , by reason of their making necessary and sufficient Banks for the defending of the said Level from being overflown , and for the leading of the waters of the said Level in their Channels as now they run , unto their Out-fall at Sea .

Proviso for persons that have exchanged their Lands . Provided nevertheless , and be it Enacted , That where any Participant under Francis Earl of Bedford , or the Heirs or Assigns of any such Participant , hath exchanged his or their Share or Lot of the said Ninety five thousand Acres , or any part thereof , for any other Lands , parcel of the said Ninety five thousand acres , which were claimed and held under such pretended Sales , for non-payment of Taxes , since One thousand six hundred forty and nine , It shall and may be lawful to and for such Participant and Participants , and his and their Heirs and Assigns , to enter again upon the same Lands so given in exchange , and to have and retain the same in his and their possession , Any thing in this Act to the contrary notwithstanding : Subject nevertheless in all things to such Iudgment and Determination , as the Iudicature hereby construed shall make concerning the same .

Provided always , That no ascertatining or dividing of the said Dreyned or new improved Lands by the said Commissioners as aforesaid , shall conclude the Kings Majesty , his Heirs , Successors or Assigns , or any other person or persons as to the bounds of Parishes , to any other intent or purpose , then subjecting the same to Taxes and Contributions , and Episcopal Iurisdictions , and not as to the Right of Tythes , or any other purpose whatsoever , nor shall be , or be used in evidence concerning the same .

Commons and Wasts in Bedford Level inclosed . Provided also , and be it further Enacted by the Authority aforesaid , That if any person or persons having right of Common in any of the Mannors , Wastes , Commons or Lands within the said Great Level of the Fenns , called Bedford Level , or any other person or persons whatsoever , at any time after such Division or Inclosure made , or set out as aforesaid , shall break , throw down , disturb , obstruct , or by any means hinder , or lay open the said Improvements and Inclosures , at , in or after the making thereof , or the Hedges , Ditches or Fences of the same , or any part thereof shall destroy , and shall be thereof convicted by two credible Witnesses upon Oath before two Iustices of the Peace of the County where such Disturbance or Destruction shall be made ; Every such person or persons so convicted as aforesaid , shall forfeit for every such offence the sum of twenty pounds , to be levied by Distress vpon the Goods and Chattels of every such offender or offenders , by Warrant under the hands and seals of the said Iustices of the Peace , before whom such conviction shall be made , the one moyety to the Informer , and the other moyety to such person or persons against whom the said Offence is or shall be committed ; or for want of such sufficient distress , the Offender shall be committed to the House of Correction or Common Goal , for thrée Moneths without Bail or Mainprise , at the said Iustices Discretion .

Provided always , and it is hereby Enacted and Declared by the Authority aforesaid , That from and after the first day of August , which shall be in the year of our Lord , One thousand six hundred sixty and eight , no Tax or Taxes excéeding Two shillings the Acre in any one year shall be assessed , After the year 1668. Taxes shall not exceed 2 s. in the pound . laid or levied upon the said Ten thousand Acres by this Act vested in the Kings Majesty , his Heirs , Successors and Assigns , or upon any part thereof , or upon the Two thousand Acres hereby vested in the Assigns of the said Earl of Portland ; but in case the Taxes to be assessed upon the said Eighty thrée thousand Acres hereby vested in the said Corporation , shall not amount unto so much in proportion as Two shillings an Acre , according to the proportion for each acre ; Then a proportionable abatement shall be made out of the said Two shillings per Acre , which shall be charged yearly by an equal Rate upon every acre of the said Ten thousand acres ; and the said Two thousand acres according to the Rate imposed upon every acre of the said Eighty thrée thousand acres , whether the same shall be assessed by an Acre-Tax , or a Pound-Rate , or by any other way ; Any thing herein contained to the contrary notwithstanding .

And it is further Declared , That the Assessing , Laying and Levying of Taxes upon the said Ten thousand acres , or upon the said Two thousand acres , or any part thereof , after the said First day of August , which shall be in the said year of our Lord , One thousand six hundred sixty and eight , by the way of an Acre-taxe , shall not extend nor be interpreted or construed to extend to compel or conclude the said Corporation , to Assess , Lay or Levy any Tax or Taxes upon the said Eighty thrée thousand acres , hereby vested in the said Corporation , or upon any part thereof by the way of an Acre-Tax .

Anno XVI . Caroli II. Regis .

CAP. I.

Parliaments shall be held once in Three years at the least ; And an Act for the preventing of Inconveniences happening by the long Intermission of Parliaments , Repealed .

WHereas the Act made in the Parliament begun at Westminster the Third day of November in the Sixtéenth year of the Reign of our late Soveraign Lord King Charles of blessed memory , Entituled , 16 Car. 1. cap. 1. An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments , is in derogation of his Majesties just Rights , and Prerogative inherent to the Imperial Crown of this Realm , for the Calling and Assembling of Parliaments ; And may be an occasion of manifold mischiefs and inconveniencies , and much endanger the Peace and Safety of his Majesty , and all his Liege People of this Realm .

Be it therefore Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , and by the Authority of the same , That the said Act , entituled , A Repeal of the said Act. An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments , And all and every the Articles , Clauses and Things therein contained , is , shall be , and are hereby wholly Repealed , Annulled , and utterly made Void , And are hereby declared to be Null and Void to all intents and purposes whatsoever , as if the said Act had never béen had , or made ; Any thing in the said Act contained to the contrary in any wise notwithstanding .

And because by the Ancient Laws and Statutes of this Realm , 4 E. 3. cap. 14. 36 E. 3. cap. 10. made in the Reign of King Edward the Third , Parliaments are to be held very often , Your Majesties humble and Loyal Subjects the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , most humbly do beséech Your most Excellent Majesty , That it may be Declared and Enacted , And be it Declared and Enacted by the Authority aforesaid , That hereafter the sitting and holding of Parliaments shall not be intermitted or discontinued above Thrée years at the most ; but that within Thrée years from and after the determination of this present Parliament , and so from time to time within Thrée years after the determination of any other Parliament or Parliaments , or if there be occasion , more oftner , Your Majesty , Your Heirs and Successors do issue out Your Writs for calling , assembling and holding of another Parliament , to the end there may be a frequent calling , assembling , and holding of Parliaments once in Thrée years at the least .

CAP. II.

An Act for preventing of Abatements of Writs of Error upon Judgments in the Exchequer .

WHereas by a Statute made in the One and thirtieth year of the Reign of the late Quéen Elizabeth , It is Enacted , That the not coming of the Lord Chancellor , 31 El. cap. 1. and Lord Treasurer , or either of them , at the day of Adjournment , in any Suit of Error depending , 31 E 3. cap. 12. by vertue of the Statute of the One and thirtieth year of the Reign of King Edward the Third , therein mentioned , concerning Error made in the Exchequer , shall not be any Discontinuance of any such Writ of Error : But if both the Chief Iustices of either Bench , or any one of the said great Officers , the Lord Chancellor , or Lord Treasurer shall come to the Exchequer-Chamber , and there be present at the day of Adjournment in such Suit of Error , It shall be no Discontinuance , but the Suit shall procéed in Law to all intents and purposes , as if both the Lord Chancellor and Lord Treasurer had come , and béen present at the day and place of Adjournment . Which Statute doth not provide a Remedy , in case the said Lord Chancellor and Lord Treasurer , or either of them shall not be present at the Days and Times of the Returns of such Writs of Error , although it be within the same mischief , Iustice being delayed ▪ And the parties in such Cases being put to begin new Suits , to their great Charges and prejudice , by reason of the absence and not coming of the said great Officers ;

Be it therefore Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in Parliament Assembled , and by Authority of the same , The not com●ing of the Lord Chancellor or Lord Treasurer . That the not coming of the Lord Chancellor and Lord Treasurer , or either of them , at the day of Return of any Writ of Errour , to be sued forth by vertue of the said Statute made in the said One and thirtieth year of the Reign of the said King Edward the Third , shall not cause any Abatement or Discontinuance of any such Writ of Error . But if both the Chief Iustices of either Bench , or either of them , or any one of the said great Officers , the Lord Chancellor or Lord Treasurer , shall come to the Exchequer-Chamber , and there be present at the day of Return of any such Writ of Error , it shall be no Abatement or Discontinuance ; But the Suit shall procéed in Law to all intents and purposes , as if both the Lord Chancellor and Lord Treasurer had come , and béen present at the day and place of Return of such Writ .

Provided always , That no Iudgment shall be given in any such Suit , or Writ of Error , unless both the Lord Chancellor and the Lord Treasurer shall be present thereat .

CAP. III.

For Collecting the Duty arising by Hearth-Money , by Officers to be appointed by His Majesty .

14 Car. 2. cap. 10. WHereas by an Act made in the Parliament begun at Westminster the Eighth day of May , in the Thirtéenth year of his Majesties Reign that now is , Entituled , An Act for Establishing an Additional Revenue upon His Majesty , his Heirs and Successors , for the better Support of His and their Crown and Dignity ; And by another Act made in the second Session of the said Parliament , 15 Car. 2. cap. 14. in the Fiftéenth year of the Reign of his said Majesty , Entituled , An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-money , It was Enacted and Ordained , That from and after the Five and twentieth day of March , in the year of our Lord , One thousand six hundred sixty and two , every Dwelling , and other House and Edifice , and all Lodgings in Inns of Court , Inns of Chancery , Colledges , and other Societies that are , or hereafter shall be erected within the Kingdom of England , Dominion of Wales , and Town of Berwick upon Tweed ( other then such as are therein excepted ) shall be , and are charged with the Annual payment to the Kings Majesty , his Heirs and Successors , for every Fire-Hearth and Stove within every such House , Edifice , Chambers and Lodgings , the sum of Two shillings by the year , to be paid yearly at the Feasts of Saint Michael the Arch-Angel , and of the Annuntiation of the blessed Virgin Mary , by even and equal portions ; an exact and just Account of the numbers of all which Fire-Hearths and Stoves is thereby Enacted to be taken and returned into his Majesties Court of Exchequer ; And the Moneys and Revenues due and payable for the same , to be collected , levied and paid to his Majesty , by such persons and Officers , in manner and form as by the said Acts is prescribed .

Nevertheless , by reason of some defects in the said Act , and great negligence of the said Officers and other persons , in not returning the exact numbers of the said Fire-Hearths and Stoves , and not duly Collecting , Levying and paying into his Masties Exchequer , the full Revenue due for the numbers returned at the times appointed , and by sundry fraudulent practises to elude the said Acts , the said Revenue is much diminished , and not duly answered .

For remedy thereof , and for the better ascertaining and collecting the said Revenue for the future , Be it Enacted by the Kings most Excellent Majesty , by , and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament Assembled , and by Authority of the same , That it shall and may be lawful to and for the Kings Majesty , his Heirs and Successors , from , and after the Four and twentieth day of June , One thousand six hundred sixty four , from time to time , by , and with the Advice of the Lord High Treasurer , Chancellour , Vnder-Treasurer , and Barons of the Court of Exchequer for the time being , or any thrée of them , whereof the Lord High Treasurer , or Chancellor of the Exchequer to be one , to constitute and appoint such person or persons as his Majesty , his Heirs and Successors shall think méet , to be the Officer or Officers for the receiving and collecting , and answering the duty arising by the said Fire-Hearths and Stoves , by vertue of the said several Acts , and for viewing and numbring of the several Chimney-hearths and Stoves mentioned in the said Acts ; and for the inspecting and examining the several Rolls , Certificates and Returns thereof made , and to be made from time to time into his Majesties Court of Exchequer , in pursuance of the said Acts , or any other thing belonging to the same : which Officers , or any of them shall have full power to examine and supervise the Rolls and Numbers of Fire-hearths and Stoves already returned into the said Court of Exchequer ; And being accompanied with the Constable , or the Tithing-man , Treasurer , Vnder-Treasurer , or other publick or proper Officer of the place , ( who are hereby required to attend and assist upon this occasion ) and in all Parishes and places where there are no Constables , Tithingmen , or other publick Officer as aforesaid , there , without any such Assistance to enter in the day time into any dwelling or other House , Edifice , Lodgings and Chambers aforesaid , And to search and examine whether there be any more Fire-hearths and Stoves in the same then were formerly returned or certified , and what Fire-hearths or Stoves are increased , or decreased since the former Certificate . After which search and examination , the said Officer , with a Constable , or Tythingman , or Officers as aforesaid , shall have liberty to make the like search and examination once every year : And if they shall find any variance in the number returned , both the Officer or Officers appointed by his Majesty , and the Constable or Tythingman , or other Officer as aforesaid , to certifie the same under his and their hands to the Clerk of the Peace , which Certificate they are hereby enjoyned to make : And after approbation thereof by the Iustices of the Peace at their Sessions , the same to be certified to his Majesties Remembrancer in the Exchequer ; and the Officer or Officers so appointed by his Majesty unto the same , shall from and after the said Four and twentieth day of June , One thousand six hundred sixty four , have power to collect and levy the Revenue and Duties so given to his Majesty as aforesaid , and all arrears of the same .

And be it further Enacted , That the said Duty shall from time to time be paid after the Feast days of Saint Michael the Arch-Angel , and the Annuntiation of the Virgin Mary yearly , unto such Officer as shall be appointed by vertue of this present Act to receive the same upon demand thereof made by such Officer , or his Deputy , at the House , Chamber , or place where the same Duty shall arise or grow due : And that in case of refusal , or default of such payment thereof , by the space of one hour after such demand , the said Officer or his Deputy may at any time , with the assistance of a Constable , Tythingman , or other Officer , as aforesaid , in the day time , levy the said Duty , and all the Arrearages thereof , by distress and sale of the goods of the party or parties so refusing , or making default ; restoring to the party or parties the over-plus of the value of such goods , over and above the Duty and Arrearages thereof then behind , and over and above the necessary charges of taking such Distress , which Charges shall in no case excéed the one moyety of the Duty and Arrearages thereof so levied .

Provided always , and be it Enacted , That no Owners , Proprietors , or Occupiers of the said Fire-hearths or Stoves , shall be charged , distrained , or molested for the said Duty , or any Arrearages thereof , at any time after the space of two years next after the Duty hereafter shall become due to his Majesty , his Heirs or Successors ; Nor for any arrearages of the said Duty already incurred , after the space of two years , from the Four and twentieth day of June , One thousand six hundred sixty and four . And in case of violent opposition , or injury done by any person or persons to any such Officer or his Deputy , in the due execution of this Act ; and the same proved by Oath before any one Iustice of the Peace , or Chief Magistrate or Magistrates of the City , Town , or place , dwelling near unto the place , who are hereby authorized to administer the said Oath ; It shall and may be lawful to , and for such Iustice of the Peaee , Magistrate or Magistrates to punish such offender or offenders , if he shall find cause , by Imprisonment in the common Goal , for any time not excéeding the space of one moneth . And from and after the said Four and twentieth day of June , One thousand six hundred sixty four , all Officers formerly appointed to collect the said Duty , shall be discharged from the future collecting and levying the same , otherwise then as they are directed by this Act : And the said Officer and Officers so appointed by his Majesty to collect this Duty , shall pay the same into his Majesties Exchequer , to the ends in the said former Acts mentioned .

Provided , That no person or persons shall be employed as aforesaid , unless he and they shall first give in sufficient Security to his Majesty , his Heirs and Successors , for the due collecting , levying and paying in of the said Revenue , or such part thereof as shall be committed to their respective Trusts , and shall likewise take a Corporal Oath before one or more of the Barons of the Exchequer , or before such persons as shall be authorised to take such Security and Oath by Commission from the said Court of Exchequer , for the due and faithful execution thereof , according to the Laws Enacted to that purpose ; And that they shall not exact or demand any Fée , or sum of money for execution thereof , from any Subject , but onely from the Kings Majesty , under pain of being disabled to execute the said Office or Imployment ; And upon legal Conviction of any such Crime , to render treble damage to the party grieved : And shall sign and deliver Acquittances for moneys by them received , without any Fée or Reward whatsoever ; And every such Acquittance shall be a final Discharge , as in the said first Act is provided .

And be it further Enacted by the Authority aforesaid , That if any person occupying any Hearth or Stove chargeable to his Majesty , shall leave or relinquish any House , Edifice , Lodging or Chamber , before any of the half-yearly Feasts whereon the same is appointed to be paid to his Majesty , his Heirs and Successors ; In every such case , the next Occupier thereof shall be chargeable with the same for the said half year : And if any person shall fraudulently stop up , deface , cover or conceal any Chimney-Hearth , or Stove chargeable by the said Act , and the same be proved , either by confession of the party , or upon Oath before one Iustice of Peace , or chief Magistrate , or by their view , he shall for such offence pay double the value of the Duty for the same , to be levied as aforesaid .

And be it likewise Enacted , That if any person within one year last past hath , or hereafter shall let the Lands , Gardens , Orchards or Out-houses formerly belonging to any Dwelling-house or Cottage apart from the same , or shall divide any house into several dwellings , or let out the same to any such persons , who by reason of their poverty may pretend to be exempted from payment of the said Duty , by any Clause or Clauses in the former Acts , That in every such case , such person shall pay the said Duty in as ample manner as they ought to have done before that time . And that no person or persons inhabiting any Dwelling-house ( not being an Alms-house exempted by the former Act ) within any City , Burrough , Corporation , Market-Town , or Parish which hath , or shall have in it more than two Chimneys , Fire-hearths or Stoves , shall be exempted from payment of the Duties thereon imposed , by colour of any exemption or pretext whatsoever .

And if any question or difference shall arise about the taking any Distress , or levying any money by vertue of this Act , the same shall be heard and finally determined by one or more of the Iustices of the Peace near adjoyning , or chief Magistrate of the place respectively , upon complaint in that behalf .

And be it further Enacted , That every Collector who shall be authorised and appointed by vertue of this Act to receive any of the said Duties , shall truly answer and pay all such moneys as he shall receive for the said Duties , into his Majesties Receipt of Exchequer , half-yearly , within Thrée moneths after the Feast of Saint Michael the Arch-Angel , or the Annunciation of the blessed Virgin Mary , happening next after the time the same moneys grew due to his Majesty by vertue of the said Acts , and under the penalty of the loss of his Office : And the Iustices of Peace , and chief Magistrates , Constables , and other his Majesties Officers within their several Limits and Iurisdictions , are hereby authorised and required to give assistance from time to time , to such Officers as shall be appointed by his Majesty , his Heirs and Successors , for the collecting of the said Duty according to the true meaning of the said former Acts , and this present Act.

Provided , That no person or persons shall be questioned for any arrears due on or before our Lady day , One thousand six hundred sixty four , who shall produce to the Collector a Certificate approved or to be approved of by the two next Iustices of Peace , for their exemption from the said Duty for that time , according to the Rules prescribed in the said first recited Act ; nor any person who hath truly paid the said Duty , and shall , if it be required , make proof thereof before any one Iustice of Peace , or other chief Magistrate of the place ; Any thing therein contained , or any Return made into his Majesties Exchequer to the contrary thereof in any wise notwithstanding .

Provided also , and be it Enacted by the Authority aforesaid , That all and every such Officer or Officers as shall be at any time appointed by his Majesty , his Heirs and Successors , for the collecting , gathering and receiving of the several sums of money now or hereafter to grow due unto his Majesty , his Heirs and Successors , for or in respect of the said Duty arising upon the Fire-hearths and Stoves , shall satisfie and pay unto the respective Petty-Constables and Clerks of the Peace of this Kingdom , all such allowances as are by any former Act or Acts given and allowed unto them , as well for their pains and labour heretofore , as hereafter to be taken by them , as in and by the former Acts concerning Fire-hearths and Stoves are limited and appointed ; Any thing in this Act to the contrary notwithstanding .

CAP. IV.

Seditious Conventicles suppressed .

WHereas an Act made in the Five and thirtieth year of the Reign of our late Soveraign Lady Quéen Elizabeth , entituled , An Act to retain the Queens Majesties Subjects in their due Obedience , 35 El. cap. 1. declared to be in force . hath not béen put in due Execution , by reason of some doubt of late made , whether the said Act be still in force ; although it be very clear and evident , And it is hereby Declared , That the said Act is still in force , and ought to be put in due execution ,

For providing therefore of further and more spéedy remedies against the growing and dangerous practises of Seditious Sectaries , Further remedy against Seditious Sectaries . and other disloyal persons , who under pretence of Tender Consciences , do at their Méetings contrive Insurrections , as late Experience hath shewed .

Be it Enacted by the Kings most Excellent Majesty , by , and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of the same , That if any person of the age of Sixtéen years or upwards , being a Subject of this Realm , at any time after the first day of July , which shall be in the year of our Lord , One thousand six hundred sixty and four , shall be present at any Assembly , Conventicle , or Méeting , Vnlawful Conventicles and Meetings under pretence of exercise of Religion forbidden . under colour or pretence of any exercise of Religion , in other manner then is allowed by the Liturgy or practice of the Church of England , in any place within the Kingdom of England , Dominion of Wales , and Town of Berwick upon Tweed , At which Conventicle , Méeting , or Assembly , there shall be five persons or more assembled together , over and above those of the same Houshold ; Then it shall and may be lawful to , and for any two Iustices of the Peace of the County , The punishment and manner of proceeding against them for the first offence . Limit , Division or Liberty wherein the Offence aforesaid shall be committed , or for the Chief Magistrate of the place where such Offence aforesaid shall be committed , ( if it be within a Corporation where there are not two Iustices of the Peace ) And they are hereby required and enjoyned upon proof to them or him respectively made of such offence , either by confession of the party , or oath of Witness , or notorious evidence of the Fact : ( which Oath the said Iustices of the Peace , and Chief Magistrate respectively , are hereby impowred and required to administer ) to make a Record of every such offence and offences under their hands and seals respectively ; which Record so made as aforesaid , shall to all intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such offence : And thereupon the said Iustices and Chief Magistrate respectively , shall commit every such Offender so convicted as aforesaid to the Gaol , or house of Correction , there to remain without Bail or Mainprise , for any time not excéeding the space of thrée Moneths , unless such Offender shall pay down to the said Iustices , or Chief Magistrate such sum of money not excéeding five pounds , as the said Iustices , or Chief Magistrate ( who are hereby thereunto authorized and required ) shall Fine the said Offender at , for his or her said offence ; which money shall be paid to the Church-wardens for the relief of the Poor of the Parish where such Offender did last inhabit .

And be it further Enacted by the authority aforesaid , The second offence . That if such Offender so convicted as aforesaid , shall at any time again commit the like offence contrary to this Act , and be thereof in manner aforesaid convicted , Then such Offender so convict of such second offence , shall incur the penalty of Imprisonment in the Gaol , or house of Correction , for any time not excéeding six months , without Bail or Mainprise , unless such offender shal pay down to the said Iustices or Chief Magistrate such sum of money , not excéeding Ten pounds , as the said Iustices or Chief Magistrate ( who are thereunto authorized and required as aforesaid ) shall Fine the said Offender at , for his or her said second offence , the said Fine to be disposed in manner aforesaid .

And be it further Enacted by the Authority aforesaid , The third offence . That if any such Offender so convict of a second offence , contrary to this Act in manner aforesaid , shall at any time again commit the like offence contrary to this Act , Then any two Iustices of the Peace , and Chief Magistrate as aforesaid respectively , shall commit every such Offender to the Gaol , or house of Correction , there to remain without Bail or Mainprise until the next General Quarter Sessions , Assizes , Gaol-delivery , great Sessions , or sitting of any Commission of Oyer and Terminer in the respective County , Limit , Division or Liberty which shall first happen ; when , and where every such Offender shall be procéeded against by Indictment for such offence , and shal forthwith be arraigned upon such Indictment , and shall then plead the General Issue of not guilty , and give any special matter in Evidence , or confess the Indictment . And if such Offender procéeded against , shall be lawfully convict of such Offence , either by Confession or Verdict , or if such Offender shal refuse to Plead the General Issue , or to confess the Indictment , then the respective Iustices of the Peace at their General Quarter-Sessions , Iudges of Assize and Gaol-delivery at the Assizes and Gaol-delivery , Iustices of the great Sessions at the great Sessions , and Commissioners of Oyer and Terminer , at their sitting , are hereby enabled and required to cause Iudgement to be entred against such Offender , That such Offender shall be Transported beyond the Seas to any of His Majesties Foreign Plantations ( Virginia and New-England onely excepted ) there to remaine Seven years ; And shall forthwith under their Hands and Seals make out Warrants to the Sheriff or Sheriffs of the same County where such Conviction or Refusal to Plead or to Confess as aforesaid , shall be , safely to convey such Offender to some Port or Haven néerest or most commodious to be appointed by them respectively ; And from thence to Embarque such Offender to be safely Transported to any of his Majesties Plantations beyond the Seas , as shall be also by them respectively appointed ( Virginia and New-England onely excepted : ) Whereupon the said Sheriff shall safely Convey and Embarque , or cause to be Conveyed and Embarqued such Offender , to be Transported as aforesaid , under pain of forfeiting for default of so Transporting every such Offender , the sum of forty pounds of lawful money , the one Moyety thereof to the King , & the other Moyety to him or them that shall Sue for the same in any of the Kings Courts of Record , by Bill , Plaint , Action of Debt , or Information ; In any of which , no Wager of Law , Essoign or Protection shall be admitted . And the said respective Court shall then also make out Warrants to the several Constables , Headboroughs , or Tythingmen of the respective places where the Estate real or personal of such offender so to be Transported shall happen to be , commanding them thereby to Sequester into their hands the profits of the Lands , and to distrain and sell the Goods of the offender so to be Transported , for the reimbursing of the said Sheriff all such reasonable charges as he shall be at , and shall be allowed him by the said respective Court for such Conveying and Embarquing of such offender so to be Transported , rendring to the party , or his or her Assigns , the overplus of the same , if any be ; unless such offender , or some other on the behalf of such offender so to be Transported , shall give the Sheriff such Security as he shall approve of for the paying all the said Charges unto him .

And be it further Enacted by the Authority aforesaid , How Seditious Sectaries convicted may be transported . That in default of defraying such Charges by the parties so to be Transported , or some other in their behalf ; or in default of Security given to the Sheriff as aforesaid , It shall and may be lawful for every such Sheriff to Contract with any Master of a Ship , Merchant , or other person , for the Transporting of such offender at the best rate he can . And that in every such case it shall and may be lawful for such persons so Contracting with any Sheriff for Transporting such offender as aforesaid , to detain and employ every such offender so by them Transported , as a Labourer to them or their Assigns for the space of Five years , to all intents and purposes , as if he or she were bound by Indentures , to such person for that purpose : And that the respective Sheriffs shall be allowed or paid from the King , upon their respective Accompts in the Exchequer , all such charges by them expended , for Conveying , Embarquing and Transporting of such persons which shall be allowed by the said respective Courts from whence they received their respective Warrants , and which shall not have béen by any of the ways aforementioned paid , secured , or reimbursed unto them as aforesaid .

How the offender may be discharged upon payment of 100 l. Provided always , and be it further Enacted , That in case the offender so Indicted and Convicted for the said Third offence , shall pay into the hands of the Register or Clerk of the Court or Sessions where he shall be Convicted ( before the said Court or Sessions shall be ended ) the sum of One hundred pounds , That then the said offender shall be discharged from Imprisonment and Transportation , and the Iudgement for the same .

Punishment of offenders after the third offence . And be it further Enacted , That the like Imprisonment , Indictment , Arraignment and Procéedings shall be against every such offender , as often as he shall again offend after such Third offence ; Nevertheless is dischargeable and discharged by the payment of the like sum as was paid by such offender for his or her said offence next before committed , together with the additional and increased sum of One hundred pounds more upon every new offence committed ; the said respective sums to be paid as aforesaid , and to be disposed of as followeth , ( viz ) The one Moyety for the Repair of the Parish Church or Churches , How the said penalty of 100 l. shall be disposed . Chappel or Chappels of such Parish within which such Conventicle , Assembly or Méeting shall be held ; and the other Moyety to the Repair of the High-ways of the said Parish or Parishes ( if néed require ) or otherwise for the amendment of such High-ways as the Iustices of the Peace at their respective Quarter-Sessions shall direct and appoint . And if any Constable , Headborough or Tythingman shall neglect to execute any the said Warrants made unto them for Sequestring , Distraining and Selling any of the Goods and Chattels of any offender against this Act , for the Levying such sums of money as shall be imposed for the first or second offence , he shall forfeit for every such neglect the sum of Five pounds of lawful money of England , the one moyetie thereof to the King , and the other moyetie to him that will sue for the same in any of the Kings Courts of Record , as is aforesaid . And if any person be at any time Sued for putting in Execution any of the powers contained in this Act , Persons sued for executing this Act may plead the General issue and recover treble Costs . such person shall and may plead the general Issue , and give the special matter in evidence . And if the Plaintiff be Non-suit , or a Verdict pass for the Defendant thereupon , or if the Plaintiff discontinue his Action , or if upon Demurrer , Iudgement be given for the Defendant , every such Defendant shall have his or their treble Costs .

Felony to escape after conviction , or to returne after Transportation . And be it further Enacted , That if any person against whom Iudgement of Transportation shall be given in manner aforesaid , shall make escape before Transportation ; or being Transported ; as aforesaid shall return unto this Realm of England , Dominion of Wales , and Town of Berwick upon Tweed , without the special License of His Majesty , His Heirs and Successors , in that behalf first had and obtained : That the party so escaping or returning shall be adjudged a Felon , and shall suffer death as in case of Felony , without benefit of Clergy ; and shall forfeit and lose to His Majesty , all his or her Goods and Chattels for ever ; and shall further lose to His Majesty all his or her Lands , Tenements and Hereditaments for and during the life only of such offender and no longer . And that the wife of any such offender by force of this Act shall not lose her Dower , nor shall any Corruption of blood grow , or be by reason of any such offence mentioned in this Act : But that the heir of every such offender by force of this Act , shall and may after the death of such offender have and enjoy the Lands , Tenements and Hereditaments of such offenders , as if this Act had not béen made .

Seditious and Tumultuous Meetings , and Conventicles . And for better preventing of the mischiefs which may grow by such Seditious and Tumultuous Méetings under pretence of Religious Worship , Be it further Enacted by the authority aforesaid , That the Lieutenants or Deputy-Lieutenants , or any Commissioned Officers of the Militia , or any other of His Majesties Forces , with such Troops or Companies of Horse or Foot ; And also the Sheriffs and Iustices of Peace and other Magistrates and Ministers of Iustice , or any of them joyntly or severally within any of the Counties or Places within this Kingdom of England , Dominion of Wales or Town of Berwick upon Tweed , with such other assistance as they shall think méet or can get in readiness with the soonest , on Certificate made to them respectively under the hand and seal of any one Iustice of the Peace or Chief Magistrate , as aforesaid , of his particular Information or knowledge of such unlawful Méetings or Conventicles held or to be held in their respective Counties or places , And that he ( with such assistance as he can get together is not able to suppress or dissolve the same ) shall and may , and are hereby required and enjoyned to repair unto the place where they are so held , or to be held , and by the best means they can to dissolve and dissipate or prevent all such unlawful Méetings , and take into their custody such of those persons so unlawfully assembled as they shall judge to be the Leaders and Seducers of the rest , and such others as they shall think fit to be procéeded against according to Law for such their Offences .

The penalty of suffering Conventicles in private houses . And be it Enacted by the Authority aforesaid , That every person who shall wittingly and willingly suffer any such Conventicle , unlawful Assembly or Méeting aforesaid , to be held in his or her House , Out-house , Barn or Room , Yard or Back-side , Woods or Grounds , shall incur the same penalties and forfeitures as any other Offender against this Act ought to incur , and be procéeded against in all points , in such manner as any other offender against this Act ought to be procéeded against . Gaolers may not let priso-committed upon this Act to go at large .

Provided also , And be it Enacted by the authority aforesaid , That if any Kéeper of any Gaol or House of Correction shall suffer any person committed to his custody for any offence against this Act , to go at large , contrary to the Warrant of his Commitment according to this Act , or shall permit any person who is at large to joyn with any person committed to his Custody by vertue of this Act , in the exercise of Religion , differing from the Rites of the Church of England ; then every such Kéeper of a Gaol or House of Correction shall for every such offence forfeit the sum of Ten pounds , to be Levied , Raised and Disposed by such persons , The Penalty . and in such manner as the penalties for the first and second offences against this Act are to be Levied , Raised and Disposed .

Provided always , That no person shall be punished for any offence against this Act , Within what time offenders must be prosecuted . unless such Offender be prosecuted for the same within Thrée moneths after the offence committed : And that no person who shall be punished for any offence by vertue of this Act , shall be punished for the same offence by vertue of any other Act or Law whatsoever .

Provided also , and be it Enacted , Marryed women how to be punished . That Iudgement of Transportation shall not be given against any Feme-Covert , unless her husband be at the same time under the like Iudgement , and not discharged by the payment of money as aforesaid ; but that instead thereof she shall by the respective Court be committed to the Goal or House of Correction , there to remain without Bail or Mainprise , for any time not excéeding , Twelve moneths , unless her Husband shall pay down such sum , not excéeding Forty pounds , to redéem her from Imprisonment , as shall be imposed by the said Court , the said sum to be disposed by such persons , and in such manner as the Penalties for the first and second offence against this Act are to be disposed .

Provided also , and be it Enacted by the Authority aforesaid , That the Iustices of the Peace , How Iustices of the Peace may enter into houses suspected for Conventicles . and chief Magistrate respectively Impowered as aforesaid to put this Act in execution , shall and may , with what aid , force and assistance they shall think fit , for the better execution of this Act , after refusal or denial , Enter into any House , or other place where they shall be informed and such Conventicle as aforesaid is , or shall be held .

Provided , That no Dwelling-house of any Péer of this Realm , The houses of Peers . whilst he or his Wife shall be there resident , shall be searched by vertue of this Act , but by immediate Warrant from His Majesty under His Sign Manual , or in the presence of the Lieutenant , or one of the Deputy-Lieutenants , or two Iustices of the Peace , whereof one to be of the Quorum of the same County or Riding . Nor shall any other Dwelling-house of any Péer or other person whatsoever be entred into with force , by vertue of this Act , but in the presence of one Iustice of the Peace , or chief Magistrate respectively , except within the City of London , where it shall be lawful for any such other Dwelling-house to be entred into as aforesaid , in the presence of one Iustice of the Peace Alderman , Deputy-Alderman , or any one Commissioner of the Lieutenancy for the City of London ,

Provided also , and be it Enacted by the Authority aforesaid , What persons may be not committed to the house of Correction . That no person shall by vertue of this Act be committed to the house of Correction , that shall satisfie the said Iustices of the Peace , or Chief Magistrate respectively , That he or she ( and in case of a Feme-Covert , that her Husband ) hath an Estate of Frée-hold , or Copy-hold to the value of Five pounds per annum , or personal estate to the value of Fifty pounds ; Any thing in this Act to the contrary notwithstanding .

And in regard a certain Sect called Quakers , and other Sectaries , Persons served with Process refusing to take an Oath 14 Car. 2. cap. 1. are found not only to offend in the matters provided against by this Act , but also to obstruct the procéeding of Iustice by their obstinate refusal to take Oaths lawfully tendered unto them in the ordinary course of Law ; Therefore be it further Enacted by the Authority aforesaid , That if any person or person being duly and legally served with Process or other Summons to appear in any Court of Record , except Courts-Léet , as a Witness , or returned to serve of any Iury , or ordered to be examined upon Interrogatories , or being present in Court shall refuse to take any Iudicial Oath legally tendered to him by the Iudge or Iudges of the same Court , having no legal Plea to justifie or excuse the refusal of the same Oath ; or if any person or persons being duly served with Process , to answer any Bill exhibited against him or them in any Court of Equity , or any Suit in any Court Ecclesiastical , shal refuse to answer such Bill or Suit upon his or their Corporal Oath , in cases where the Law requires such answer to be put in upon Oath ; or being summoned to be a Witness in any such Court , or ordered to be examined upon Interrogatories , shall for any cause or reason , not allowed by Law , refuse to take such Oath , as in such cases is required by Law ; That then , and in such case , the several and respective Courts wherein such refusal shall be made , shall be , The Penalty . and are hereby enabled to Record , Enter , or Register such refusal , which Record or Entry shall be , and is hereby made a Conviction of such offence . And all and every person and persons so as aforesaid offending , shall for every such offence incur the Iudgement and Punishment of Transportation in such manner as is appointed by this Act for other offences .

Provided always , That if any the person or persons aforesaid shall come into such Court , How such persons may be acquitted . and take his or their Oath in these words ;

I do swear , that I do not hold the taking of an Oath to be unlawful , nor refuse to take a● Oath on that account .

Which Oath the respective Court and Courts aforesaid are hereby authorized and required forthwith to tender , administer , and register before the Entry of the Conviction aforesaid , or shall take such Oath before some Iustice of the Peace , who is hereby authorized and required to administer the same , to be returned into such Court ; such Oath so made shall acquit him or them from such punishment ; Any thing herein to the contrary notwithstanding .

Provided always , That every person convicted as aforesaid in any Courts aforesaid ( other then His Majesties Court of Kings Bench , or before the Iustices of Assize , or General Gaol-Delivery ) shall by Warrant conteining a Certificate of such Conviction under the hand and seal of the respective Iudge or Iudges before whom such Conviction shall be had , be sent to some one of His Majesties Gaols in the same County where such Conviction was had , there to remain without Bail or Mainprize until the next Assizes , or General Gaol-Delivery ; where , if such person so convicted shall refuse to take the Oath aforesaid , being tendered unto him by the Iustice or Iustices of Assize or Gaol-Delivery ; then such Iustice or Iustices shall cause Iudgement of Transportation to be executed , in such manner as Iudgement of Transportation by this Act is to be executed . But in case such person shall take the said Oath , then he shall thereupon be discharged .

Peers offending how to be proceeded against . Provided always , and be it Enacted by the Authority aforesaid , That if any Péer of this Realm shall offend against this Act , he shall pay Ten pounds for the first offence , and Twenty pounds for the second offence , to be levied upon his Goods and Chattels by Warrant from any two Iustices of the Peace , or Chief Magistrate of the Place or Division where such Peer shall dwell ; and that every Péer for the third , and every further offence against the tenour of this Act , shall be tried by his Péers , and not otherwise .

The continuance of this Act. Provided also , and be further Enacted by the Authority aforesaid , That this Act shall continue in force for Thrée years after the end of this present Session of Parliament ; and from thenceforward , to the end of the next Session of Parliament after the said Thrée years , and no longer .

CAP. V.

Against Disturbances of Sea-men and others , and to preserve the Stores belonging to His Majesties Navy Royal.

WHereas divers fightings , quarrellings and disturbances do often happen in and about His Majesties Offices , Yards and Stores for His Majesties Royal Navy , and frequent differences and disorders are occasioned in the Office of His Majesties Treasury of the Navy on Pay-days , in London , Portsmouth , and other places of méeting for the service of the said Navy ; and that either by the unreasonable turbulency of Sea-men and others , attending on , or relating to that Service , or their Creditors , or by the rudeness of the Officers intrusted with His Majesties Stores on Land , or in his Royal Ships , when they are questioned by the principal Officers and Commissioners of the said Navy , either for neglect or imbezelment of His Majesties Provisions , Ammunitions , or other Equipage of the Navy under their charge ; And that not only to the disturbance of the Peace , but sometimes to the danger and hindrance of His Majesties Service , both in point of Husbanding His Majesties Revenue , and also in dispatch of the Ships , on which the honour and safety of His Majesty and Kingdom so much depends : which Inconveniences require a spéedier Remedy then the ordinary attendance on the Sessions of the Peace can give , the parties accused or offending being many times bound to Sea ; And the principal Officers and Commissioners for want of authority to suppress such Insolencies , and determine such Cases , being necessitated to pass by many offences , in which His Majesty might be righted , if their necessary attendance on that Important Service would permit the prosecution of the Offenders before other ordinary Iudicatures .

Be it therefore Enacted by the Kings most Excellent Majesty , with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled , and by Authority of the same , That the Treasurer , Comptroller , Surveyour , Clerk of the Acts , and the Commissioners of the Navy for the time being , Who may punish disturbances by Sea-men and others relating to the Navy Office . or any two or more of them have power and Authority to examine and punish all such person and persons , whom they upon their enquiry , examination , or on view in their presence shall find hereafter to make , or have made any disturbance , fighting , or quarrelling in the Yards , Stores , or Offices aforesaid at Pay-days , or on other occasions relating to the Naval Services , in such manner as followeth , that is to say , That they or any two or more of them may punish any the said offences by Fine , Imprisonment , or either of them ; the Fine not excéeding twenty shillings , and the Imprisonment not excéeding one wéek ; and have power in such cases to commit such persons to the next Gaol or to the custody of the Messenger or Messengers for the time being attendant on them , who respectively are to receive and detain such person so offending .

And that the said principal Officers & Commissioners , or the greater number of them then present , have power to discharge such Fine or Imprisonment , if they so think fit : And for non-payment of the Fine so Imposed , and not remitted , to imprison the party offending until payment thereof ; which said Fines shall be paid to the Clerk of the Chest , for the use of the maimed Sea-men ; and that the examination of witnesses be upon oath before them , which they , any two or more of them are accordingly impowred to administer .

And it is further by the Authority aforesaid Enacted , That the said Officers and Commissioners , or any two or more of them ( in Cases where greater example or punishment is néedful ) may also bind the person and persons offending to their good behaviour , with , or without Securities , as occasion shall be .

Imbezilling of Stores and Ammunition . And whereas divers of His Majesties Stores and Ammunition , pertaining to his Navy and Shipping , or service thereof , are Imbezelled and Filched away ;

It is by like Authority Enacted , That the said principal Officers and Commissioners , or any two or more of them , by warrant under their hands and seals have power in like manner to enquire and search for the same in all places , as Iustices of the Peace may do in case of Felony , and punish the Offenders by such Fine and Imprisonment as aforesaid , and cause the Goods to be brought in again . And if th● offence be of such nature as doth require a higher and severer punishment , Then that they , or any two or more of them may commit such offenders to the next Gaol , or to the custody of their Messenger or Messengers aforesaid , till he or they so offending enter into Recognizance with Surety or Sureties according to the nature of the offence , to appear and answer to the same in his Majesties Court of Exchequer , or other Court where his Majesty shall question him or them for the same within one year following , on process duly served for that purpose on such offender or offenders .

And it is Declared and Enacted by the Authority aforesaid , That they the said principal Officers and Commissioners , or any two or more of them may put in use the said powers on the Offenders , as aforesaid , in all places where they hold an Office for his Majesty , as well within Liberties as without , Any Law , Statute , Ordinance , Charter , or Priviledge to the contrary notwithstanding . This Act to continue for two years , from the First day of June , The continuance of this Act. 19 Car. 2. cap. 7. One thousand six hundred sixty and four : And from thence to the end of the next Session of Parliament .

CAP. VI.

To prevent the delivering up of Merchants Ships .

WHereas it often happeneth that Masters and Commanders of Merchants Ships do suffer their Ships to be boarded , and the goods to be taken out by Pyrats and Sea-Rovers , notwithstanding they have sufficient force to defend themselves , whereby not only the Merchants are much prejudiced , but the honour of the English Navigation is thereby much diminished , and Merchants discouraged from lading their goods on board English Ships , to the decay of Shipping ; In the preservation whereof , the wealth , honour and safety of this Nation is so much concerned : To which the said Masters are encouraged by a practice used towards them by the Turks and others , who after they have taken out the goods , as an encouragement to Masters of Ships to yield , do not only restore the Ship with such goods as are claimed by the Masters or Sea-men , but many times pay unto the Masters all , or some part of the Freight , which hath many times caused suspition of treachery in the said Masters , to the great dishonour of the English Nation .

For the prevention thereof for the future , and for the better encouragement to Merchants , as well Foreigners as English , to Freight and use English Ships , Be it Enacted by the Kings most Excellent Majesty , by , and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons Assembled in Parliament , and by Authority of the same , English Ships not to be yielded up to Turks or Pyrats . That where any Goods or Merchandizes shall be laden on board any English Ship , which Ship shall be of the burthen of Two hundred Tuns or upwards , and mounted with sixtéen Guns or more ; if the Master or Commander shall yield up the said Goods to any Turkish Ships or Vessels , or to any Pyrats or Sea-Rovers whatsoever without fighting , That then and in such case the Master shall ( upon proof thereof made in the high Court of Admiralty ) be from thenceforth incapable of taking charge of any English Ship or Vessel as Master or Commander thereof . The Penalty . And if he shall at any time thereafter presume to take upon him to Command any English Ship or Vessel , he shall suffer Imprisonment by warrant from the said Court , during the space of six moneths for every offence : And in case the persons so taking the said Goods , shall release , give back , or let pass the Ship , or shall pay unto the said Master any sum or sums of money , or any goods in lieu of money for freight or other reward or gift , That in all or any such cases the said goods or money so given , or the value thereof , as also the Masters part of such Ship , her Tackle , Apparel and Furniture so released , given back , or let pass , out of which the said goods were taken , shall be lyable to repair the persons whose Goods were so delivered or taken , by Action in the High Court of Admiralty ; And in case the Commanders or Masters part of the Ship , Tackle , Apparel and Furniture , together with such money and goods given as aforesaid , shall not be sufficient to repair all the damages sustained , then the Reparations to be recovered on the Masters or Commanders part of the Ship to be divided pro Rata amongst the persons prosecuting and proving their damages ; and the persons damaged to have their Action against the Master for the remainder .

And be it further Enacted by the Authority aforesaid , Masters of Ships . That no Master of any such English Ship as aforesaid , being at Sea , and having discovered any Ship to be a Turkish Ship , Pyrat , or Sea-Rover , shall depart out of his Ship upon any pretence whatsoever , lest by his detention on board any such Ship , the safety of his own Ship be hazarded .

And be it further Enacted , That if the Master of any English Ship or Vessel , though not of the Burthen of Two hundred Tuns , or mounted with Sixtéen Guns , as aforesaid , shall yield his said Ship unto any Turkish Ship , Pyrat , or Sea-Rover ( not having at the least double his number of Guns ) without fighting ; Every such Master shall be liable to all and every the penalties in this Act contained .

And be it further Enacted by the Authority aforesaid , Process out of the Court of Admiralty . That upon Process made out of the High Court of Admiralty , It shall and may be lawful to and for all Commanders of his Majesties Ships of War , or the Commanders of any other English Ships , to seize such Ships or Masters so offending , according to the said Process in such case to be issued , and the same to bring or send in custody into any Ports of His Majesties Dominions , there to be procéeded against according to the intent and meaning of this Act.

Provided that none be hereby encouraged to violate the Rights o● the Ports of any Foreign Prince or State in amity with the Kings Majesty .

Mariners or inferiour officers declining to fight . And be it further Enacted by the Authority aforesaid , That if the Mariners or inferiour Officers of any English Ship laden with Goods and Merchandizes as aforesaid , shall decline or refuse to fight and defend the Ship , when they shall be thereunto commanded by the Master or Commander thereof , or shall utter any words to discourage the other Mariners from defending the Ship ; The Penalty . That every Mariner , who shall be found guilty of declining or refusing as aforesaid , shall lose all his wages due to him , together with such goods as he hath in the Ship , and suffer Imprisonment , not excéeding the space of Six moneths , and shall during such time , be kept to hard labour for his or their maintenance .

Provided always , That if any Ship shall have béen yielded as aforesaid , contrary to the will and endeavour of the Master or Commander , by the disobedience of his Mariners , testified by their having laid violent hands on him , That in such case the Master or Commander shall not be liable to the sentence of Incapacity as aforesaid , nor to any Action for the losses sustained by the Merchants , unless he shall have received back from the takers thereof , his Ship , or some recompense , gift or reward as aforesaid .

And be it further Enacted by the Authority aforesaid , That every Mariner who shall have laid violent hands on his Commander , whereby to hinder him from fighting in defence of his Ship and Goods committed to his trust , shall suffer death as a Felon .

And for the better encouragement to Captains , Masters , Officers and Sea men to defend their Ships , Encouragement to Captains and S●amen to defend their Ships . Be it Enacted by the Authority aforesaid , That when any English Ship shall have béen defended by fight , and brought to her designed Port , in which fight any of the Officers or Sea men shall have béen wounded , it shall and may be lawful to and for the Iudge of His Majesties High Court of Admiralty , or his Surrogate , or the Iudge of the Vice-Admiralty within which the Ship shall arrive at her return , upon Petition of the Master or Seamen of such Ship so defended as aforesaid , to call unto him such and so many as he shall be informed to be Adventurers or Owners of the Ship and Goods so defended , and by advice with them , to raise and levy upon the respective Owners and Adventurers , by Process out of the said Court , such sum or sums of money as himself , with the Major part of the Adventurers or Owners then present shall judge reasonable , not excéeding the value of Two per cent . of the Ship and Goods so defended , according to the first cost of the Goods , to be made appear by the Envoyce ( which the Owner or his Factor , or Correspondent , is hereby required to produce ) or by the Oath of the said Owner , Factor , or Correspondent , if thereunto required ; which money , so raised , shall be paid unto the Register of the said Court , who shall receive for the same Thrée pence in each pound and no more , thence to be distributed amongst the Captain , Master , Officers and Seamen of the said Ship , or Widows and Children of the slain , according to the direction of the Iudge of the said Court , with the approbation of Thrée or more of the Owners or Adventurers aforesaid , who shall proportion the same according to their best Iudgements unto the Ships Company , as aforesaid , having especial regard unto the Widows and Children of such as shall have béen slain in that Service , and to such as shall have béen wounded or maimed .

And in case the Company belonging to any English Merchant-ship , shall happen to take any ship , Ships which 〈◊〉 o● taken 〈◊〉 English which ship shall first have assaulted them , the respective Officers and Mariners belonging to the same , shall after Condemnation of such ship and Goods , have and receive to their own proper use and benefit , such part and share thereof as is usually practised in Private men of War .

●mary . And whereas it often happeneth , that Masters and Mariners of ships having ensured or taken upon Botomary greater sums of money then the value of their Adventure , do wilfully cast away , burn , or otherwise destroy the ships under their charge , to Merchants and Owners great loss ; For the prevention thereof for the future , Be it Enacted by the Authority aforesaid , That if any Captain , Master , Mariner , or other Officer belonging to any ship , shall wilfully cast away , burn , or otherwise destroy the ship unto which he belongeth , or procure the same to be done , he shall suffer death as a Felon .

The continuance of this Act. Provided that this Act shall continue for Thrée years , and from thence to the end of the next Session of Parliament , and no longer .

CAP. VII .

Deceitful , disorderly , and excessive Gaming prevented .

The inconvenience of immoderate and unlawful use of gaming . WHereas all Lawful Games and Exercises should not be otherwise used , then as Innocent and Moderate Recreations , and not as constant Trades or Callings to gain a Living , or make unlawful Advantage thereby ; And whereas by the immoderate use of them , many mischiefs and inconveniences do arise , and are daily found , to the maintaining and encouraging of sundry idle , loose , and disorderly persons in their dishonest , lewd , and dissolute course of life , And to the circumventing , deceiving , cousening , and debauching of many of the younger sort , both of the Nobility and Gentry , and others , to the loss of their pretious time , and the utter ruine of their Estates and Fortunes , and withdrawing them from Noble and Laudable Imployments and Exercises :

Be it therefore Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , and by the Authority of the same , That if any person or persons of any Degrée or Quality whatsoever , at any time or times after the Nine and twentieth day of September , which shall be in the year of our Lord God , One thousand six hundred sixty and four , do , or shall by any fraud , shift , cousenage , circumvention , deceit , or unlawful device , or ill practice whatsoever , Deceits and Cosenages in Gaming . in playing at or with Cards , Dice , Tables , Tennis , Bowls , Kittles , Shovelboard ; or in or by Cock-fightings , Horse-races , Dog-matches , or Foot-races , or other Pastimes , Game , or Games whatsoever , or in , or by bearing a share , or part in the Stakes , Wagers , or Adventures , or in , or by betting on the Sides or Hands of such as do , or shall Play , Act , Ride , or Run as aforesaid , win , obtain , or acquire to him or themselves , or to any other or others any sum or sums of money , or other valuable thing or things whatsoever , The penalty . That then every person and persons so offending as aforesaid , shall ipso facto forfeit and lose treble the sum or value of money , or other thing or things so won , gained , obtained or acquired ; The one moyety thereof to our Soveraign Lord the King , his Heirs and Successors , and the other moyety thereof unto the person or persons grieved , or who shall lose the money , or other thing or things so gained ; so as every such loser and person grieved in that behalf , do , or shall prosecute and sue for the same within six Kalender Moneths next after such Play . And in default of such prosecution , the same other moyety to such person or persons as shall or will prosecute or sue for the same within one year next after the said six moneths expired ; And that the said Forfeitures shall , or may be sued for , or recovered by Action of Debt , How to be sued for and recovered . Bill , Plaint , or Information , in any of his Majesties Courts at Westminster , wherein no Essoign , Protection , or Wager of Law shall be allowed . And that all and every such Plaintiff or Plaintiffs , Informer or Informers , shall in every such Suit and Prosecution have and recover his and their treble Costs against the person offending and forfeiting as aforesaid ; Any Law , Statute , Custom , or Vsage to the contrary in any wise notwithstanding .

And for the better avoiding and preventing of all excessive and immoderate Playing and Gaming for the time to come , Be it further Ordained and Enacted by the Authority aforesaid , Prevention of excessive and immoderate gaming . That if any person or persons shall at any time or times after the Nine and twentieth day of September aforesaid , play at any of the said Games , or any other Pastime , Game or Games whatsoever ( other then with and for ready money ) or shall Bett on the Sides or hands of such as do , or shall play thereat , and shall lose any sum or sums of money , or other thing or things so plaid for , excéeding the sum of One hundred pounds at any one time or méeting , upon Ticket or Credit or otherwise , and shall not pay down the same at the time when he or they shall so lose the same , The party and parties who loseth or shall lose the said moneys , or other thing or things so played or to be played for , above the said sum of One hundred pounds , shall not in that case be bound , or compellable to pay or make good the same ; but the Contract and Contracts for the same , and for every part thereof , and all and singular Iudgments , Statutes , Recognizances , Mortgages , Conveyances , Assurances , Bonds , Bills , Specialties , Promises , Covenants , Agréements and other Acts , Déeds and Securities whatsoever , which shall be obtained , made , given , acknowledged or entred into for security or satisfaction , of , or for the same , or any part thereof , shall be utterly void and of none effect : And that the person or persons so winning the said moneys , or other things , The Penalty . shall forfeit and lose treble the value of all such sum and sums of money , or other thing and things which he shall so win , gain , obtain , or acquire , above the said sum of One hundred pounds , the one moyety thereof to our said Soveraign Lord the King , his Heirs and Successors ; and the other moyety thereof to such person or persons as shall prosecute , or sue for the same within one year next after the time of such offence committed ; And to be sued for by Action of Debt , Bill , Plaint , or Information in any of his Majesties Courts of Record at Westminster , wherein no Essoign , Protection or Wager of Law shall be allowed . And that every such Plaintiff or Plaintiffs , Informer or Informers shall , in every such suit and prosecution , have and receive his treble Costs against the person and persons offending and forfeiting as aforesaid ; Any Law , Custom , or Vsage to the contrary notwithstanding .

CAP. VIII .

A former Act for Regulating the Press , Continued .

BE it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament Assembled , That an Act made in the Fourtéenth year of the Reign of Our Soveraign Lord the King that now is , entituled , An Act for preventing the frequent abuses in Printing Seditious , Treasonable , 14 Car. 2 cap. 3. and unlicensed Books and Pamphlets , and for Regulating of Printing , and Printing-Presses , shall be continued and remain in force until the end of the next Session of Parliament . 16 & 17 Car. 2. cap. 7.

Anno XVI . & XVII . Caroli II. Regis .

CAP. I.

A Royal Aid unto the Kings Majesty , of Twenty four hundred threescore and seventeen thousand and five hundred pounds , to be Raised , Levied and Paid in the space of Three years .

WE Your Majesties most Dutiful and Loyal Subjects the Commons Assembled in Parliament , taking into consideration the great and apparent Dangers which now threaten this Kingdom ; and that for prevention thereof , Your Majesty hath found Your Self obliged to Equip and Set out to Sea a Royal Navy for the preservation of Your Majesties ancient and undoubted Soveraignty and Dominion in the Seas , and the Trade of Your Majesties Subjects ; And having duly weighed and considered the several ways and means by which Your Majesty hath béen enforced to make these Preparations at so vast an Expence ; And acknowledging with all humility and thankfulness Your Majesties abundant Care for our preservation ; and being déeply sensible of that extraordinary Charge and Expence with which Your Majesties present Engagement ought to be supported ; and of those inconveniences which must néeds befall the Nation , if we should be wanting to our selves in this so weighty and important occasion ; Have chéerfully and unanimously given and granted , and do hereby give and grant unto Your most Excellent Majesty , the Sum of Twenty four hundred thréescore and seventéen thousand and five hundred pounds , to be raised and levied in manner following .

And do humbly beséech Your Majesty , That it may be Enacted , And be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and of the Commons in this present Parliament Assembled , and by Authority of the same , That for the Righting of Your Majesty and Your Majesties Subjects against the Dutch , the Sum of Twenty four hundred thréescore and seventéen thousand and five hundred pounds shall be raised , levied and paid unto Your Majesty within the space of thrée years in manner following , that is to say , the sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the Moneth , for thirty six Moneths , beginning from the Five and twentieth day of December , One thousand six hundred sixty four , shall be assessed , taxed , collected , levied and paid by twelve quarterly payments , in the several Counties , Cities , Burroughs , Towns and places within England and Wales , and the Town of Berwick upon Tweed , according to the several rules and proportions , and in such manner as is hereafter expressed : That is to say , For every Moneth of the said Thirty six Moneths ,

For the County of Bedford , the sum of Eight hundred ninety six pounds seventéen shillings and nine pence .

The County of Berks , the sum of One thousand One hundred thirty two pounds six shillings and seven pence .

The County of Bucks , the sum of One thousand thrée hundred and fiftéen pounds six shillings and five pence .

The County of Cambridge , the sum of One thousand and twenty pounds .

The Isle of Ely , the sum of Thrée hundred forty nine pounds seventéen shillings and eleven pence .

The County of Chester , with the City and County of the City of Chester , the sum of Eight hundred and one pounds five shillings and six pence .

The County of Cornwall , the sum of One thousand five hundred and forty pounds eightéen shillings and thrée pence .

The County of Cumberland , the sum of One hundred sixty eight pounds six shillings and a peny .

The County of Derby , the sum of Eight hundred sixty two pounds eight shillings and four pence .

The County of Devon , the sum of Thrée thousand two hundred twenty nine pounds ninetéen shillings and two pence .

The City and County of the City of Exon , the sum of One hundred and sixtéen pounds seven shillings and four pence .

The County of Dorset , the sum of One thousand thrée hundred forty four pounds ten shillings and five pence .

The Town and County of Pool , the sum of Ten pounds ninetéen shillings and eight pence .

The County of Durham , the sum of Thrée hundred twenty thrée pounds sixtéen shillings and nine pence .

The County of York , with the City and County of the City of York , and Town and County of Kingstone upon Hull , the sum of One thousand four hundred sixty nine pounds five shillings and two pence .

The County of Essex , the sum of Thrée thousand ninety eight pounds eight shillings and ten pence .

The County of Gloucester , the sum of One thousand eight hundred and eight pounds ten shillings and thrée pence .

The City and County of the City of Gloucester , the sum of Thirty nine pounds eight shillings .

The County of Hereford , the sum of One thousand one hundred thirty one pounds thirtéen shillings and four pence .

The County of Hertford , the sum of One thousand thrée hundred forty five pounds sixtéen shillings and thrée pence .

The County of Huntington , the sum of Six hundred thirty thrée pounds fourtéen shillings and two pence .

The County of Kent , with the City and County of the City of Canterbury , the sum of Thrée thousand thrée hundred twenty six pounds eightéen shillings and eight pence .

The County of Lancaster , the sum of One thousand and six pounds thirtéen shillings and six pence .

The County of Leicester , the sum of One thousand eighty four pounds fourtéen shillings and thrée pence .

The County of Lincoln , with the City and County of the City of Lincoln , the sum of Two thousand five hundred seventy five pounds two shillings .

The City of London , with the Liberty of S. Martins le grand , the sum of Five thousand ninety one pounds eleven shillings and four pence .

The County of Middlesex , with the City and Liberty of VVestminster , the sum of Two thousand two hundred and forty pounds ten shillings .

The County of Monmouth , the sum of Thrée hundred and ninety pounds .

The County of Northampton , the sum of One thousand four hundred and thirtéen pounds eightéen shillings and two pence .

The County of Nottingham , with the Town and County of the Town of Nottingham , the sum of Eight hundred seventy thrée pounds eight shillings .

The County of Norfolk , the sum of Thrée thousand thrée hundred seventy pounds twelve shillings .

The City and County of the City of Norwich , the sum of One hundred and eighty pounds .

The County of Northumberland , with the Towns of Newcastle and Berwick upon Tweed , the sum of Thrée hundred seventy two pounds fiftéen shillings and eight pence .

The County of Oxon , the sum of Eleven hundred thirty five pounds ten shillings and eight pence .

The County of Rutland , the sum of Two hundred and forty pounds eight shillings and eleven pence .

The County of Salop , the sum of One thousand two hundred and thrée pounds fourtéen shillings and two pence .

The County of Stafford , the sum of Eight hundred fifty two pounds eleven shillings and eight pence .

The City and County of the City of Litchfield , the sum of Thirtéen pounds .

The County of Somerset , the sum of Two thousand seven hundred seventy one pound ten shillings and eight pence .

The City and County of the City of Bristol , the sum of One hundred ninety nine pounds eight shillings and four pence .

The County of Southampton , with the Town and County of Southampton , and Isle of VVight , the sum of Two thousand one hundred eighty nine pounds eight shillings and eight pence .

The County of Suffolk , the sum of Thrée thousand two hundred ninety eight pounds ten shillings and eight pence .

The County of Surry , with the Burrough of Southwark , the sum of One thousand five hundred ninety seven pound and two pence .

The County of Sussex , the sum of One thousand eight hundred twenty one pounds seven shillings and nine pence .

The County of VVarwick , with the City and County of the City of Coventry , the sum of One thousand one hundred ninety two pounds eight shillings and nine pence .

The County of Worcester , the sum of One thousand fifty thrée pounds and ninetéen shillings .

The City and County of the City of VVorcester , the sum of Fifty five pounds nine shillings and six pence .

The County of Wilts , the sum of One thousand nine hundred sixty six pounds seventéen shillings and seven pence .

The County of Westmerland the sum of One hundred and sixtéen pounds .

The Isle of Anglesey , the sum of One hundred twenty five pounds thirtéen shillings and eight pence .

The County of Brecknock , the sum of Two hundred eighty two pounds ten shillings and five pence half-peny .

The County of Cardigan , the sum of One hundred and five pounds fiftéen shillings and nine pence half-peny .

The County of Carmarthen the sum of Two hundred seventy two pounds six shillings and eight pence .

The County of Carnarvan the sum of One hundred forty six pounds twelve shillings and two pence .

The County of Denbigh the sum of Two hundred twenty thrée pounds ten shillings and seven pence .

The County of Flint the sum of One hundred and eightéen pounds seventéen shillings and four pence .

The County of Glamorgan the sum of Thrée hundred seventy eight pounds seventéen shillings and ten pence .

The County of Merioneth the sum of One hundred pounds sixtéen shillings and a peny .

The County of Mountgomery the sum of Two hundred seventy six pounds twelve shillings and two pence .

The County of Pembrook the sum of Thrée hundred twenty six pounds and ten shillings .

The County of Radnor the sum of One hundred seventy four pounds six shillings and eight pence .

The Town of Haverford West the sum of Fiftéen pounds thrée shillings and five pence .

And be it further Enacted by the Authority aforesaid , That all and every the persons hereafter named shall be Commissioners of and for the severall and respective Counties , Cities , Burroughs , Towns and places hereafter named ; that is to say ,

Bedford . For the County of Bedford , William Russel Esquire , Sir Beauchampe St. John Knight , Sir Samuel Brown Knight , one of the Iustices of the Common Pleas , Sir John Keeling Knight , one of the Iustices of the Kings Bench , Sir John Cotton , Sir Lodowick Dyer , Sir John Napler , Sir Roger Burgoine , Sir Thomas Alstone , Sir Humphrey Winch , Sir Humphrey Monox , Sir St. John Charnock , Baronets , Sir Henry Chester Knight of the Bath , Sir Will . Fleetwood , Sir Will . Palmer of Warden-street , Sir Will . Palmer of Hill , Sir John Duncombe , Sir William Beecher , Sir Edward Cater , Sir George Blundel , sir Clement Armiger , sir John Huxley , Knights ; Pawlet St. John , Richard Tayler , Stephen Anderson , Will . Spencer , Oliver Luke , Francis Crawley , St. John Thompson , Thomas Snagg , William Boteler , John Keeling , John Osbourne , John Vaux , John Alston , John Coppen , Francis Wingate , William Gerey , Walter Carey , Francis Dive , William Franklin , George Wyan , Gaius Squire , James Mountague , Samuel Cotton , John Neale , John Cockane , Thomas Cheyne , John Ventris , Robert Crompton , Thomas Rolt , Robert Audley , Matthew Denton , Simon Grey , Matthew Dennis , William Foster , Richard Orlibee the elder , Thomas Cobb , Jasper Edwards , Samuel Bedford , Esquires .

For the Town of Bedford . The Mayor of Bedford for the time being , William Russel Esquire , Sir Humphrey Winch , Sir John Napier , Baronets ; Pawlet St. John , Richard Tayler , William Foster , John Gardiner , Esquires ; Thomas Cristy , William Risely , Simon Becket , Robert Beverley , William Scot , John Beaumont , Thomas Fitzhugh , Alderman Crawley , Richard Elmes , John Cobb and John Spencer the elder , Gentlemen .

Berks. For the County of Berks , Charles Earl of Ancram in the Kingdom of Scotland , Sir George Cartwright , Baronet , Vice-Chamberlain to his Majesty ; John Lovelace , Esquire ; Sir George Stonehouse , Sir George Prat , Sir Richard Braham , Sir Thomas Draper , Sir Thomas Rich , Sir Henry Winchcombe , Sir William Backhouse , Sir Anthony Craven , Sir Caesar Colclough , Sir John Fettyplace , Sir Thomas Clergys , Baronets ; Sir Richard Powle Knight of the Bath , Sir Edmond Sawyer , Sir Robert Pye , Sir William Armorer , Sir Thomas Dolman , Sir John Davis , Sir Richard Bishop , Knights ; Richard Nevil , Humphrey Hyde , Richard Harrison , William Barker , George Purifoy , Peregrin Hobby , Robert Packer , Richard Aldworth , Thomas Fettiplace , George Fettiplace , John Harrison , Anthony Barker , Henry Procter , John Blagrave , Francis Piggot , Hungerford Dunch , William Trumbal , William Dormar , John Elwes , Thomas Garret , John Southby , William Wilmot , William James , William Barker of Hurst , Edward Keale , William Nelson , Hartgell Baron , Richard Jones , William Tayler , Edward Dalby , Paul Calton , Thomas Sanders , Charles Whitacre , Humphrey Hide senior of Hurst , Humphrey Hide junior of Kingston , Edward Hobby , Richard Palmer , John Hartsey , Esquires ; William Offley Doctor in Laws , Francis Hungerford Doctor of Physick , William Hamersley , George Blagrave , John Kendrick , John Allen , Robert Leigh , Nicholas Hide , Peregrin Wilcox , Thomas Southby , William Langton , John Due , Francis Peacock , Michael Mallet , Henry Murrey , Esquires ; Iohn Peacock , Robert Goston , James Heron , Philip Weston , Henry Barker , Iohn Powney , Roger Draper , Richard Lovelace , William Hussey , Roger Knight , Charles Pierce , Richard Punt Gentleman , the Mayor of Reading for the time being ; the Mayor of Abington for the time being , the Mayor of Newbury for the time being ; the Mayor of Windsor for the time being ; the Mayor of VVallingford for the time being .

Bucks. For the County of Bucks , Charles Earl of Ancram in the Kingdom of Scotland , Philip Lord Wainman Viscount Tuam in the Kingdom of Ireland , James Herbert Esquire , Sir Thomas Tirrel one of the Iustices of the Common Pleas , Sir Richard Temple Knight of the Bath and Baronet , Sir Toby Tyrrel , Sir John Burlace , Sir Anthony Chester , Sir Thomas Proby , Sir William Bowyer , sir William Smith , sir Ralph Varney , sir William Drake , sir Thomas Hampson , sir Henry Andrews , sir John Croke Baronets ; Sir William Tyrringham , sir Richard Ingoldsby , sir Robert Gayer Knights of the Bath ; Sir Edmond Pye Knight and Baronet , sir Thomas Lee , sir Richard Napper , sir Richard Pigget , sir Henry Herbert , sir John Dormer , sir Thomas Cleyton , sir Robert Croke , Sir Thomas Clergies , Sir George Tash , Knights ; William Fleetwood , Charles Cheyne , Edmond Waller senior , Edmond Waller junior , William Penn , Edmond West , Brett Norton , Thomas Duncombe , Thomas Hackett , William Lane , John Eglestone , Richard Barringer , Edward Nicholas , Thomas Farrers senior , Caesar Cranmore , Thomas Risley , Roger Price , Peter Dorrel , Thomas Saunders , Francis Ingoldsby , Edmond Dorrel , George Russel , Richard Winwood , Richard Greenvile , Robert Scawen , Bud Wase , Thomas Tirrel , Robert Napper , Edmond Hampden , Iohn Clark , Robert Croke , Richard Hampden , William Burlace , Bazil Brent , William Hill , Thomas Farrer junior , Ambrose Bennet , James Low , Thomas Stafford , Robert Levet , Charles Doe , Robert Tompkins , Bernard Tourney , Thomas Egleton , Robert Dormer , Francis Tyrringham , George Wyan , William Cleaver , William Abraham , Captain Robert Style , John Grubbe , Esquires ; Iohn Green , Henry Allnot , James Perrat , George Gosnal Gentlemen , the Bayliff of Buckingham for the time being , John Risley , Roger Price , Peter Dorrel junior , Esquires ; John Smith , William Lambert , and John Tournour , Gentlemen .

Cambridge . For the County of Cambridge , William Lord Allington of the Kingdom of Ireland , Sir Dudley North Knight of the Bath , Sir Thomas Hatton , Sir John Cotton , Sir Thomas Willis , Sir John Cutts , Sir George Downeing Baronets ; Sir Thomas Wendy Knight of the Bath , Sir Thomas Dayrel , Sir Isaac Thornton , Sir Robert Cotton Knights , Thomas Chichley , Levinus Bennet , John Millisent , Samuel Fortrey , Thomas Storey , Thomas Ducket , William Sayer , Humphrey Gardner , George Pepis , Thomas Dodd , Mildmay Dowman , Jeoffrey Nightingal , William Aloff , _____ Pike , Thomas Bucke , _____ Dalton , John Bing , Thomas Martin and William Legate , Esquires .

For the Vniversity and Town of Cambridge , the Vice-Chancellor , the Mayor for the time being , William Lord Allington of the Kingdom of Ireland , Theophilus Dillingham , James Fleetwood , Richard Minshal , Doctors of Divinity , Robert King Doctor of the Laws , Thomas Crouch , Clement Nevile Esquires ; Roger Pepis Esquire , Recorder , Samuel Spalding , John Ewen , William Wells , John Herring Aldermen , Sir Thomas Slater Baronet , Robert Eade , Edward Stoyte , Doctors of Physick , and Nicholas Jacob Esquire .

Isle of Ely . For the Isle of Ely , Richard Lord Gorges of the Kingdom of Ireland , William Colvile , Thomas March , Matthew Wren , Charles Wren , Edward Partherich , William Fisher , Thomas Steward , Robert Steward , Henry Hitch Doctor of Law , Robert Balam , Thomas Castel , Laurence Oxborough , John Towers , Anthony Backworth , John Childe junior , William Balam , Thomas Edwards , William March , Michael Holman , Matthew Taylor , Roger Jenings , and John Delavall Esquires .

Chester . For the County of Chester , Robert Lord Cholmundeley of the Kingdom of Ireland , VVilliam Lord Brereton of the Kingdom of Ireland , Sir Thomas Delves , Sir Willoughby Aston , Sir Thomas Powel , Sir George Warberton , Sir Peter Leicester , Sir Thomas Manwaring , Sir Thomas Smith junior , Sir John Bellet , Sir Peter Pindor , Sir Richard Brooks , Sir William Stanley Baronets , Sir John Booth , Sir Philip Egerton , Sir Peter Brooks , Sir John Ardern , Sir Robert Cotton , Sir Foulk Lucy , Sir Jeoffrey Shakerley Knights , Peter Venables Baron of Kinderton , Thomas Needham , Thomas Cholmundeley , George Vernon , Robert Patton , Henry Bunbury , Henry Leigh , Thomas Leigh of Adlington , Richard Leigh of Lyme , John Crew of Crew , Thomas Marbury , Edward Warren , Edward Leigh , Edward Hyde , John Crew of Utkinton , Roger Wilbraham , Nathaniel Booth , Peter Dutton , John Daniel , Randel Dodd , John Leech , Richard Wathal , Edward Glegg , Roger King , John Davenport of Widford , Thomas Glasier , Somerford Oldfeild , Edward Swettenham , Peers Legh , John Ward , Ralph Wilbraham , William Brock , John Hulstone , John Shalcrosse , Edward Downs of Worth , Ralph Baskerfeild of Winnington , and Thomas Ley Esquires .

City of Chester . For the City and County of the City of Chester , The Mayor for the time being , Sir Thomas Smith Baronet , Sir Thomas Smith Knight , Richard Leiveing Esquire , Recorder of Chester , John Radcliff Esquire , Thomas Throppe , William Crumpton , Thomas Cook Cowper , William Street and _____ Ince Aldermen .

Cornwall . For the County of Cornwall , Sir William Morice Principal Secretary of State , Robert Robertes , Hender Robertes , Esquires ; Sir Chichester Wrey , Sir John Trelawney Knights and Baronets ; Sir John Carew Baronet , Sir Edward Vivian Knight and Baronet , Sir John Coryton , Sir William Godolphin , Baronets ; Sir Francis Godolphin , Sir Richard Edgecombe , Sir Nicholas Slanning , Knights of the Bath ; Sir Peter Killigrew , Sir Peter Courtney , Sir John Arundle , Sir Samuel Coswarth , Sir James Smith , Sir Walter Moyle , Knights ; Henry Seymour , Jonathan Trelawney , Richard Arundle , Pearce Edgecombe , Hugh Boscawen , Francis Buller , Charles Trevanion , Charles Roscarrock , John Specket , John Elliot , John Tanner , Francis Edgecombe , Nathaniel Moyle , Bernard Greenvile , John Trelawney , William Pendarvis , William Scawen , William Trevisa , William Bond , Edward Boscawen , Christopher Cooke , Nicholas Glyn , Thomas Herle , Viol Vivian , James Praed , John Jonock , Samuel Trelawnye , John St. Aubin , John Nichols of Trewane , John Nicoll of Littlewood , Arthur Fortescue , John Vivian , Oliver Saule , William Mohun , Hanibal Bugins , Lewis Tremane , Richard Hawkes , Colan Blewett , John Bleigh , Henry Spoure senior , Jonathan Rashley senior , Jonathan Rashley junior , John Rashley , Robert Hoblin , Christopher Bond , Thomas Burell , Thomas Robinson , John Thomas , Richard Erisey , Christopher Harris , Francis Grigger , Humphrey Courtney , John Buller , Charles Boscawen , Robert Scawen , Thomas Waddon , Tristram Arscott , William Cotton , Edward Nosworthy , George Heale , John Polwheele , Digory Polwheele , Nicholas Arundle , John Arundle of Sythney , Hugh Jones , John Penrose , Edmond Prideaux , Joseph Tredinnam , James Bond , William Godolphin , Edward Elliot , Richard Hoblyn , Richard Pendarvis , Hugh Trevanion junior , Nathaniel Trevanion , Francis Penrose , John Fowel , Ezekiel Arundle , Richard Rouse , Walter Kendall , John Kendall , Walter Langdon senior , Walter Langdon junior , Iohn Battersbye , Henry Spoure senior , Joseph Nicholls , Charles Grills , Arthur Sprye , John Vacye , William Sprye , Francis Calmadie , Humphry Noye , John Harris , Edward Harris , Nicholas Courtney , Thomas Achim , William Painter , Thomas Hawkey , Andrew Corye , Michael Hill of Wendron , John Carnesewe , Samuel Ennis , John Kestell , Thomas Trefrie , Michael Vivian , Anthony Chinoweth , Francis Burges , Richard Carter , John Sylly , Richard Tippet , Thomas Carew , Christopher Billet , Chamon Greenvile , Samuel Langford , Reynald Hawkey , Walter Vincent , James Robins , Humphrey Burlace , Francis Lutterel and James Eresy , Esquires ; the Mayor of Truro for the time being , Martin Madrin , Gent.

Cumberland . For the County of Cumberland , Edward Lord Morpeth , Son and Heir apparent to Charles Earl of Carlisle , Sir Philip Musgrave , Sir William Dalston , Sir George Fletcher , Sir John Lowther senior , Sir John Lowther junior , Sir Edward Musgrave Baronets , Sir Thomas Dacres , Sir William Hudlestone , Sir Wilfred Lawson , Sir William Carleton , Sir Philip Howard , Sir Francis Salkeld , Sir John Dalston Knights , John Lamplough , Richard Skelton , William Musgrave , William Layton , Christopher Musgrave , John Agleonby , Robert Scawen , George Denton , Thomas Denton , Richard Towlson , Andrew Hudleston , Robert Highmour , George Towry , and the Mayor of Carlisle for the time being , Daniel Fleming , Edward Stanley , William Pennington , Wrightington Senhouse , Esquires .

Derby . For the County of Derby , Henry Viscount Mansfield , Son and heir apparent to William Marquis of Newcastle ; William Lord Cavendish , son and heir apparent to William Earl of Devonshire , Anchitell Grey , George Pierpoint , Esquires ; Sir Thomas Gresley , Sir Francis Burdet , Sir John Harper , Sir John Curson , Sir Edward Cooke , Sir Henry Every , Sir William Boothby Baronets , Sir John Harper , Sir Samuel Sleigh Knights , John Frechveille , German Poole , John Ferrers , George Vernon , Charles Agard , John Munday , Richard Cook , John Milward , William Fitzherbert , Charles Cotton , Walter Horton , Gilbert Hacker , Henry Gilbert , Robert Eyre , William Revel , Godfrey Clark , William Bullock , William Woolly , Nicholas Wilmot , Iohn Shalcross , Ravel Ashenhurst , Francis Mennel , Thomas Milward , George Sitwel , Henry Wigfall , James Abnye Esquires ; George Tayler , Iohn Spaleman , William Wright , Francis Barker Gentleman ; the Mayor of Derby for the time being , Roger Allestre , Iohn Dalton , Simon Degg , Hugh Bateman , Esquires ; Iohn Shore Doctor of Physick ; Thomas Freeman Gent. Mr. Charles Agard of Foston , and Iohn Daundridge Alderman .

Devon . For the County of Devon , Arthur Earl of Donegal in the Kingdom of Ireland , Sir Hugh Pollard Baronet , Comptroller of his Majesties Houshold , Sir George Carteret Vice-Chamberlain of his Majesties Houshold , Sir William Morice Principal Secretary of State , Sir William Courtney Baronet , John Ashburnham Esquire , Sir Edward Seymour , Sir George Chudleigh , Sir Peter Prideaux , Sir Thomas Hele , Sir Chichester Wrey , Sir Courtney Pool , Sir Coplestone Bampfield , Sir John Norcote , Sir John Chichester , Sir Edmund Fowel , Sir VVilliam Morice , Sir John Drake , Sir Thomas Carew , Sir John Davy , Sir Walter Young , Sir Edmund Fortescue , Baronets ; Sir Edward Wise , Sir John Rolle , Sir Edward Hungerford , Sir Nicholas Slaning Knights of the Bath ; Sir John Chichester , Sir Henry Carew , Sir Richard Prideaux , Sir Peter Ball , Sir James Smith , Sir Robert Cary , Sir William Strode , Sir Thomas Clifford , Sir Thomas Higgons , Sir John Skelton , Knights ; Edward Seymour , Peter Prideaux , John Fowel , Pierce Edgecomb , Arthur Basset , Thomas Fulford , Francis Drew , Robert Fortescue , John Carew of Studly , Edmund Tremain , John Harris , John Gifford of Brightly , George Yeo , Thomas Carew of Bowghill , John Bury , John Pollarde , Richard Cabel , John Arscott , Nicholas Duck , George Howard , Jonathan Sparke , Henry Ford , Robert Duke , Matthew Hele , John Hale , William Bastard , William Martin , Samuel Trelawny , George Reynalds , Henry Northleigh , Nicholas Dennis , Josias Calmady , Richard Coffin , Edmund Waldrond , Thomas Bere , VVilliam Walrond , John Davy of Ruxford , John Young of Coalbrook , Samuel Sainthil , Henry Stevens , Henry Newt , John Tanner , John Willoughby , John Tuckfield , Peter Fortescue , Christopher Clobery , Shilston Calmady , John Kelland , Thomas Reynolds , Thomas Gibbons , Balthasar Bere , James Clifford , John Fownes , William Bogan , James Rodde , Esquires ; the High Sheriff of Devon for the time being , and the Mayors of Totnes , Barnstable , Plymouth , Dartmouth and Tiverton for the time being .

City of Exon. For the City and County of the City of Exon , Allen Senny Mayor , the Mayor for the time being , Sir Peter Ball Recorder , Sir James Smith Knight , Robert Walker Esquire ; John Martin , Christopher Lethbridge , Henry Gaudy , John Butler , Anthony Salter , Aldermen ; the Sheriff for the time being , Nicholas Isaacke , John Acland , Thomas Walker , Stephen Oliphue , John Gibbons Merchants ; John Bidgood Doctor of Physick ; Henry Walker , Thomas Shapcot , Samuel Isaacke Gentlemen ; and the Receiver of the City for the time being .

Dorset . For the County of Dorset , John Lord Digby , Son and Heir apparent to George Earl of Bristol ; Sir Edward Nicholas one of His Majesties most Honourable Privy Council , Sir William Portman Knight and Baronet , Sir John Morton , Sir Gerard Naper Baronets ; Sir Richard Strode , Sir John Strangwayes ; Sir Walter Earle , sir Ralph B●ncks , sir Francis Hollis , Knights ; sir John Nicholas Knight of the Bath , sir John Fitz-James , sir John Rogers , sir Nathaniel Napper , Knights ; Giles Strangwayes Esquire , sir John Strode , sir John Lowe● , sir Winston Churchil , Knights ; Hugh Wyndham Sergeant at Law , Thomas Freak of Shroton , John Strangwayes , John Tregonwel of Milton , John Tregonwel of Anderson , Thomas Trenchard , Thomas Fownes , Humphrey Bishop , John Rives of Damree , John Churchill , James Gould , Henry Witaker , Bullen Reymes , Henry Henly , Robert Swayne Sheriff , Robert Coker , Edward Hooper , George Fulford , Robert Lawrence , Thomas Baynard , Henry Egers , Henry Hastings , Esquires ; Colonel Francis Wyndham , Matthew Davis , John Rieves , William Thomas , John Hoskins , George Hussey , Robert Naper , William Ogden , Henry Butler , George Savage , John Saintlow , George Gray , Robert Seymour , Maximilian Mohun , George Browne , Wolley Miller , Anthony Etricke , Michael Harvey , George Trenchard , Robert Tyderligh , William Floyer , John Ironside , John Gould of Upway , John Michel , Peter Hoskins , John Abington , John Jeffery , George Strangways , Iohn Harden , Iohn Every , Arthur Fooks , John Hardy , William Ellesden , Thomas Hussey , Thomas Thornex , Richard Green , George Style , William Chaldecot , George Johnson , John Bennet , and John Runnet , Esquires .

Poole . For the Town and County of Pool , sir John Morton Baronet , sir John Fitz-James Knight , Anthony Etrick Esquire , Recorder ; Peter Hall , Major William Skut , Robert Lewen , Gentlemen ; Robert Cleeves , Peter Hily , Edward Man , and Samuel Bramble .

Durham . For the County Palatine of Durham , sir Thomas Davison , High Sheriff of the County ; sir Francis Goodrick , Temporal Chancellor of the County Palatine ; Doctor Burwell , Chancellor of the Diocese of Durham ; sir Christopher Conyers , sir Nicholas Cole , sir Gilbert Gerard , Knights and Baronets ; sir James Clavering Baronet , sir Francis Anderson , sir William Blakiston , Knights ; John Heath , Iohn Swinburn , Iohn Tempest , Ralph Carr , Esquires ; Baron Hilton , Henry Lambton Esquire , Iames Darcy , Iohn Eden , Colonel Anthony Bierley , Ralph Davison , Ralph Cole , Major Bellasis , Samuel Davison , Cuthbert Carr , William Blakiston , Thomas Shalforth , Charles Gerrard , Thomas Fetherstonhaugh , Lodowick Hall , Esquires , The Mayor of the City of Durham for the time being ; Thomas Swinburne Esquire , Gabriel Iackson , Iohn Morland , Iohn Arden , Miles Stapleton , Gentleman , and Captain Henry Barnes , Thomas Haggerston , Esquire , and Iohn Grey of Moreton Gent. for Norham and Islandshire .

Essex . For the County of Essex , Sir Edward Turner Knight , Speaker of the House of Commons , Sir Harbotle Grimstone Baronet , Master of the Rolls , Robert Lord Willoughby of Earsby , Son and Heir apparent to Mountague Earl of Lindsey , Lord Great Chamberlain of England , Robert B●tie , Edward Russel , Bannestre Maynard , Esquires ; Sir John Barrington Knight and Baronet , Sir Henry Appleton , Sir William Ailoffe , Sir William Hicks , Sir Andrew Jennour , Sir William Wiseman , Sir Richard Everard , Baronets ; Sir Capel Luckin Knight and Baronet , Sir Martin Lumley Baronet , Sir Thomas Abdy , Sir Robert Abdy , Sir William Wiseman , Knights and Baronets , Sir Thomas Smith , Sir Thomas Cambel Baronets , Sir James Altham , Sir John Bramstone Knigh●s of the Bath ; Sir John Tyrel , Sir Erasmus Delafontain , Sir Thomas Bowes , Sir Cranmer Herris , Sir Henry Clarke , Sir Edmond Pierce one of the Masters of the Chancery , Sir Anthony Brown , Sir Richard Wiseman , Sir William Battin , Sir John Shaw , Sir Robert Brooke , sir Richard Everard , sir Thomas Littleton , sir Robert Barington , sir Thomas Gardner , sir Moundeford Br●mstone , sir William Glascock , two of the Masters of the Chancery , sir Thomas Fanshaw , sir Thomas Byde , sir William Hicks , sir Edward Beaucock Knights ; John Bendish , Charles Fytche , Gamaliel Capel , Richard Samms , Thomas Meade , Peter Soame , John Tyrrel , Thomas Arg●l , Oliver Reymond , John Atwood , Henry Woolaston , Henry Pert , John Eldred senior , John Eldred junior , John Paschall , John Godbolt , Robert Joselyn , William Glascock , Tristram Conyers , Thomas Luther , VVilliam Umphrevil , Thomas Roberts , John James , George Pert , William Colecroft , William Webb , Robert Leigh , William Appleton , John Berners , Robert Clerk , John Turner , Richard Kirkby , Carew Harvy Mildmay , Robert Cheeke , Francis Bramstone , Edward Bullock , Stephen Smith , Robert Mildmay , Henry Weight , Gilbert Pierce , _____ Hare of Lee , James Norfolk , Cutbert Martin , Thomas Talcot , Esquires ; Philip Eldred , Henry Ailoff , George James , Thomas King , VVilliam Harris , John Thorowgood , William Palmer , Richard Stanss , Alexander Prescot , Thomas Legate , John Sorrel , Edward Glascock , William Ashley Gentlemen , Thomas Wharton , Anthony Maxie and Thomas Garret Esquires , Anthony Knightbridge of Writtle , Gent. Captain Richard Stams , sir Richard Browne Knight and Baronet , and Jeremy Lacy.

Colchester . For the Town of Colchester , the Mayor for the time being , sir John Shaw Knight , Recorder , Sir Edmond Peirce Knight , Gilbert Peirce , Thomas Talcot Esquires , Thomas Reynalds , Andrew Fromanteel , Henry Lambe , Robert Legg , William Moore Aldermen , John Robinson , George Sandford , James Norfolke Esquires , and Thomas Creffeild Alderman .

Maldon . For the Town of Maldon , The Bailiffs for the time being , Reuben Robinson , Samuel Plumbe , Francis Gourney , James Starling , John Hart Aldermen , and Bartholomew Brickwood .

Harwich . For the Town of Harwich , The Mayor for the time being , Sir Capel Luckin Baronet , George Colman , Richard Fuller , Henry Wright , Aldermen , _____ Gerard , Daniel Smith , Thomas King , Anthony Woolward , Samuel Newton and Miles Hobart Gentlemen .

Gloucester . For the County of Gloucester , Henry Lord Herbert of Ragland , son and heir apparent to Edward Marquis of Wo●cester , James Earl of Newburgh in the Kingdom of Scotland , John Viscount Scudamore of the Kingdom of Ireland , John Viscount Tracy of the Kingdome of Ireland , Sir Matthew Hal● Knight , Lord Chief Baron of His Majesties Court of Exchequer , Sir Henry Capell Knight of the Bath , sir Bainham Throckmorton Knight and Baronet , sir Henry Frederick Thynne , sir William Ducy , sir Richard Ashfeild , sir Edward Bathurst , sir Robert Jenkinson , sir John Howe , sir Christopher Guise , sir Edward Fulse , sir William Keyte , sir Richard Cox , Baronets ; sir William Moreton Knight , one of His Majesties Serjeants at Law , sir Robert Po●●● , sir Robert Atkins Knights of the Bath , sir William Catchmay , sir Edward Bray , sir Edward Mas●ey , sir Thomas Stephens , Sir Thomas Overbury , Sir Gabriel Lowe , sir John Newton , sir Humphrey Hooke , sir Thomas Howe Knights , John Grubham Howe Esquire , Evan Seyes Sergeant at Law , Francis Baber Doctor of Law , George Mountague , VVilliam Dutton , William Cooke , John Chamberlaine , John Stephens , William Cope , John Codrington , Richard Atkins , Henry Powle , William Selwyn , Duncombe Cholcester , Hen-Benedicte Hall , Thomas Masters , Thomas Escourt , John George , John Smith , Richard Stephens , William Morgan , Edward Rich , Andrew Barker , Richard Whitemore , William Stafford , John Winter , Fleetwood Dormer , Samuel Codrington , Thomas Chester , Henry Syms , Philip Shepard , Richard Sackevil , Giles Fettiplace , Thomas Thynne , Robert Pleydal , Thomas James , William Stratford , Richard Dowdeswell , Miles Rutter , Thomas Horton , Sylvanus Wood , William Leigh , Francis Norwood , David Williams , John Berrowe , Tho. Seymour , Will . Try , Will . Bourchier , Charles Cox , John Guyse , Rich. Berkley , Rich. Daston , Will. Jones , Robert Oldsworth , Richard Baugh , John Robins , Thomas Marriott , Esquires ; Thomas Riche , William Hinson , VVilliam Lawrence , William Dowdeswell , Henry Browne , Robert Heydon , Nicholas Veale , John Wyniat , Thomas Walle , William Thorpe , John Driver , Conway Whitterne , VVilliam Winter , Richard Machen , John Coles , Thomas Ayleway , James Hawkins , Christopher Woodward , and the Bailiffs of Tewkesbury for the time being , Anthony Sambich , William Batson , Sir John Baker Knight , William Stafford junior .

City of Gloucester . For the City and County of the City of Gloucester , Henry Lord Herbert of Ragland , Son and Heir apparent of Edward Marquis of Worcester , Robert Feilding the present Mayor , and the Mayor for the time being ; Sir William Morton Knight , one of His Majesties Sergeants at Law , Recorder of the said City ; Sir Edward Massey Knight , Evan Seys Sergeant at Law , John Grubham-Howe , Edward Nurse , Thomas Williams , Esquires ; Henry Cugley , James Stephens , William Russel , John Powel , Thomas Yate , Thomas Price , John Woodward , Anthony Arnold , Henry Ockold , John Wagstaffe , and Henry Fowler , Aldermen .

Hereford . For the County of Hereford , Henry Lord Herbert of Ragland , son and heir apparent to Edward Marquis of Worcester , John Lord Viscount Scudamore , of the Kingdome of Ireland ; James Scudamore , Wallop Brabazon , Esquires ; Sir James Bridges , Sir John Kerle , Sir William Powell , Sir Thomas Morgan , Baronets ; Sir Thomas Hanbury Knight , Sir Edward Harley , Knight of the Bath ; Sir John Scudamore Baronet , Sir Herbert Perrot Knight , Sir Edward Hopton , Sir Thomas Tomkins , Sir Job Charleton , Knights ; Fitz-William Coninsby , Thomas Cornwall , Thomas Whitney , Herbert Aubrey senior , John Price senior , Thomas Price , Walter Pye , Roger Vaughan , Herbert Westfaling , Herbert Aubrey junior , John Scudamore senior , Humphrey Cornwall , John Scudamore junior , John Barnaby de Canon Pyon , Reynald Graham , Thomas Cox , Edward Cornwall , John Skippe , Bennet Hoskins , Richard Hopton , Giles Bridges , Thomas Geers , Thomas Carpenter , John Hoskins de Harewood , Humphrey Howorth , William Gregory , Francis Unett , John Hanford , Humphrey Baskervill , John Birch , John Barnaby de Brockhampton , John Vaughon , John Booth de Hereford , Thomas Harley , Ambrose Elton , Robert Pye , Budhale Gwilline , Richard Wigmore , John Nourse , Nicholas Walwyn , VVilliam Whittington , Thomas Rod , John Booth de Braynton , Thomas Wigmor , William Westfaling , Robert Rod , Richard Reed , Timothy Coles , VVilliam Brydges , Henry Milbourne , Herbert Masters , William Brome , John Dancy , John Gwyllym de Wellington , Richard Walwyn de Hellens , Humphrey Tayler de Withington , John Kidley de Bromeley , Thomas Marrer de Kings Capel , Thomas Gomond de Kilpeck , George Carver de Buthouse , Esquires ; the Bailiff for the Borough of Leominster for the time being , John Tomkins , Richard Rodd de Rodd , Edward Rodd , Thomas Blaney , Edward Freeman , Thomas French and Thomas Duppa de Earsley , Esquires .

City of Hereford . For the City of Hereford , Robert Simonds Esquire , the present Mayor , and the Mayor for the time being ; John Lord Viscount Scudamore , in the Kingdome of Ireland , Roger Vaughan , Herbert Westfaling , Thomas Price , Esquires ; William Gregory , Richard Philpots , William Philips , James Lawrence , Thomas Homes , Thomas Painard , Thomas Bond , William Edwin , Aldermen , Edward Alderne Doctor of Laws , Edward Rodd , Nicholas Philpots , John Smith Mercer , Hugh Rodd , Thomas Symmonds , Roger Bouleot and John Barnes , Gentlemen .

Hertford . For the County of Hertford , Sir Edward Turnor , Speaker of the House of Commons , Thomas Lord Viscount Fanshaw , of the Kingdome of Ireland , Sir Thomas Fanshaw Knight of the Honourable Order of the Bath , William Cecil , Algernon Cecil , William Willoughby Esquires ; Sir Harbotle Grimstone Baronet , Master of the Rolls ; Sir Edward Atkins , one of the Barons of His Majesties Court of Exchequer ; Sir Thomas Leventhorp , Sir Brocket Spencer , Sir Jonathan Keat , Sir Erasmus Harby , Sir Thomas Allen , Baronets ; Sir Richard Atkins , Sir Richard Francklyne , Sir Richard Lucy , Knights and Baronets ; Sir Philip Boteler Knight of the Bath ; Sir Thomas Dacres , Sir John Harrison , Sir Francis Boteler , Sir Henry Caesar , sir William Godbold , sir Rowland Litton , sir John Gore , sir Harry Coninsby , sir John Watts , sir Henry Blunt , sir Humphrey Gore , sir John Hale , sir William Glascocke , sir Robert Josceline , sir Richard Comb , sir Walter Walker , Knights ; Thomas Docwra , James VVillimot , Richard Goulstone , Thomas Dacres , Edward VVingate , John Copping , Arthur Bolter , Thomas Stanley , John Heydon , Robert Ashton , William Glascocke , William Hale , Arthur Sparkes , John Fotherly , _____ Crafts of Nerthall , John Halsey , William Harbord , John Jesson , Edward Atkins , William Cotton , Albon Cox , John Briscoe , Ralph Freeman senior , Robert Hobotham , Richard Jennings , Edmond Smith , Robert Sadler , Henry Chancy , Ralph Freeman junior , Humphrey Shalcross , Henry Guy , VVilliam Nuce , Thomas Offley , Henry Dunstar , Alexander Meade , Richard Gammon Esquires ; Edward Cason , George Needham , Ralph Gore , Henry Becher , Marmaduke Royden , Edward Briscoe , George Bromely , John Ellis , Edmond Field , William Greenhill , Edward Crosby , Alexander Weild , Gentlemen ; Captain William Minoes , Thomas Arris , Robert Dean , Doctors of Physick , and the Mayor of Hertford for the time being .

St. Albans . For the Borough of St. Albans , Algernon Cecil , Esquire ; Sir Harbotle Grimstone Master of the Rolls , Sir Richard Francklin , Sir Harry Conisby , Sir Richard Combe , Sir John VVhittwrong , Knights ; the Mayor for the time being , John Simpson Esquire , Recorder ; Robert Rohotham , Edmond Smith , Thomas Docwra , Robert Sadler , Richard Jenings , VVilliam Cotton , Iohn Jesson , Alban Cox , Esquires , Thomas Arris , Doctor of Physick ; Thomas Cowley senior , Thomas Cowley junior , William Marston , Thomas Oxton , Edward Eames , Iohn Gape , Iohn New , and Robert New Aldermen .

Huntington . For the County of Huntington , Charles Lord Le de Spencer , son and heir apparent to Mildmay Earl of Westermland , Robert Viscount Mandevil , Son and Heir apparent to Edward Earl of Manchester Lord Chamberlain of His Majesties Houshold ; Sir Francis Compton Knight , George Mountague , Esquire ; Sir John Cotton , Sir John Hewet , Sir Thomas Proby , Sir Robert Bernard , Baronets ; Stephen Anderson , John Stone , John Bernard , Henry Williams , Robert Appreece , Lyonel Walden , Nicholas Johnson , Sutton Ashfeild , Nicholas Peadley , Lawrence Torkinton , John Heron , Robert Pain , Anthony South , Richard Elmes , Thomas Rouse , Richard Nailer , Jasper Trice , Gerrard Cater , John Ferrer , Richard Wyn Esquires ; Thomas Colestone , Thomas Shepherd , William Sparrow , Gentleman ; and Thomas Walwin Mayor of Huntington .

Town of Huntington . For the Town of Huntington , The Mayor for the time being , Robert Viscount Mandevil , son and heir apparent to Edward Earl of Manchester , Lord Chamberlain of His Majesties Houshold ; Sir John Cotton , Baronet , Sir Robert Bernard , Henry VVilliams , Lyonel Walden , Nicholas Pedley Esquires , Richard Astre , Lawrence Torkington , John Barnard , Richard Weaver , Thomas Judson and James Faireside Aldermen .

Kent . For the County of Kent , Charles Lord Buckhurst , son and heir apparent to Richard Earl of Dorset , Philip Viscount Strangford in the Kingdom of Ireland , James Herbert , John Tufton , Richard Tufton Esquires , Sir Thomas Twisden , One of the Iustices of the Kings Bench , Sir Heneage Finch , His Majesties Solicitor General , Sir Thomas Peyton , Sir Roger Twisden , Sir Edward Hales , Sir Edward Monins , Sir Henry Palmer , Sir John Rivers , sir John Sidley , Sir William Meredith , Sir Edward Deering , Sir Thomas Style , Sir Oliver Botteler , Sir Norton Knatchbull , Sir Peter Heyman , sir John Tufton , Sir John Raney , Sir Richard Hardres , Sir Henry Wood , Sir Robert Hales , Sir Bazil Dixwell , Sir VVilliam Ducy , sir Marmaduke Gresham , sir William Wilde , sir Stephen Leonard , sir Humphrey Miller , sir Edward Honywood , sir John Marsham , sir John Banckes , sir Robert Barnham Baronets ; sir Nathaniel Powell , sir Robert Austen , sir John Seyliard , sir John Wroth , sir Jonathan Keate Baronets ; Sir George Sonds , Knight of the Bath , sir John Mennes , Comptroller of His Majesties Navy ; sir Robert Honywood , sir Anthony Aucher , sir Isaac Sydley , sir VVilliam Man , sir Thomas Godfrey , sir Richard Sandys , sir Thomas Engham , sir Arnold Braems , sir Henry Oxinden , sir Edward Master , sir George Juxon , sir VVilliam Brodnax , sir John Darrel , sir Thomas Scot , sir Francis Clerke , sir Edward Filmore , sir Thomas Culpeper , sir Theophilus Biddolph , sir Richard Betenson , sir VVilliam Leech , sir Edmond Peirce , sir William Boreman , sir Bernard Hyde , sir William Swan , sir Anthony Bateman , sir Walter Vane , sir John Heath , Attourney of the Dutchy ; sir Thomas Lee , sir William Hugeson , sir William de Laune , Knights ; sir William Cage , Knight , Thomas Broome , Serjeant at Law , Silas Titus , Groom of His Majesties Bedchamber , Thomas Hardres , Recorder of the City of Canterbury , Captain John Stroude , Lieutenant of Dover Castle , John Boys of Fredvil , Richard Master , Thomas Culpeper of Hackington , Thomas Peke , Thomas Crispe of Queux , Walter Braems , Thomas Brodnax , Edward Master , Thomas Turner , William Rooke , John Boys of Hoade , John Best , John Cason , Henry Oxinden of Brooke , Richard Aldworth , Esquire ; Doctor John Sabin , Herbert Randolph , Gentleman ; Nicholas Toke , Henry Thornehill , John Knatchbull , James Brockman , Maurice Diggs , Henry Deering , Edward Hales , Richard Hulse , John Nayler , Esquires ; Robert Lewkenor , Peter Heymon , John Moyle , Zouch Brockman , John Nowrs , Gentlemen , Thomas Fludd , William Cage , Francis Barneham , Maximilian Dallison , Ferdinando Marsham , Demetrius James , George Curteis , Thomas Knatchbul , Richard Wilkinson , John Mum , Ralph Bufkin , Walter Franklin , Richard Marsh , Thomas English , Robert Oliver , John Smith , Thomas Harlakenden , Henry Haughton , Alabaster Fludd , Francis Twisden , Captain John Clerke , Thomas Lake , Recorder of Maidstone , Richard Duke , William Maddox , Esquires ; The Mayor of Rochester for the time being , Richard Allen Recorder of Rochester , George Newman , Richard Manley , George May , Richard Head , Charles Bickerstaffe , Robert Fowler , Francis Barrel , Esquire ; Stephen Alcocke senior , Thomas Manley Gentleman , Laurence Booke , Thomas Brewer , Robert Masters , Samuel Boys , William Boys , Thomas Culpeper of Bedgbury , Edward Finch , John Horsemanden , Anthony Fowle , Robert Fowle , John Hugeson , John Bunce , Thomas Lambert , David Polhill , Philip Packer , George Polhill , Henry Gilburn ; William Hooker , John Scott , Mark Cottle , John Hyde , Norton Curteys , Robert Heath , Francis Heath , John Austin , John Evelin , William Swan , John Seyliard , Nicholas Tooke senior , James Fortrey , Nicholas Tooke junior , William Boothby , Christopher Allanson , _____ Bevin , Thomas Manning , _____ Petley , John Bridger , _____ Farnaby , Edward Badby , John Sedley , Esquires ; James Thurban Gentleman , and George Bowerman , Esquire ; Sir John Henden Knight , William Campion , William Hammon , John Andrews , Edward Gulstone , Reynald Peckham Esquires ; The Mayor of Sandwich for the time being , Tobias Cleere , Phineas Elwood , John Verrier , Valentine Jekin , Jeoffrey Wells , Jeoffrey Saket , The Mayor of Dover for the time being , Richard Jacob , Nicholas Eaton , William Eaton , John Watson , John Loome , Richard Barley , Walter Brames , Esquires ; The Mayor of Rumney for the time being , Robert Winill , Jeremy Stanford , Stephen Brett , Thomas Chalcross , The Mayor of Heith for the time being , John Finch , James Pashlie , The Mayor of Feversham for the time being , John Trouts Esquire , John Upton , Robert Watson , Thomas Southouse , The Mayor of Tenderden for the time being , Edward Finch Esquire , Captain Plomer , Thomas Short , The Bayliff of Lydd for the time being , John Bateman , Thomas Bedingfield , Michael Childwicke , The Mayor of Folkeston for the time being , The Mayor of Fordwitch for the time being , Thomas Bigg , William Norton senior , Thomas Norton junior , Esquires ; and John Luckin .

Canterbury . For the City of Canterbury , The Mayor for the time being , Sir William Man , Sir Edward Master Knights , Thomas Hardresse Esquire , Recorder of the said City , John Best , Edward Master , Squire Beverton Esquires , William Stanley , Henry Twyman , Avery Hills and Leonard Browne Alderman .

Lancaster . For the County of Lancaster , Charles Earl of Ancram in the Kingdom of Scotland , VVilliam Stanley , William Spencer , Esquires ; Sir Richard Houghton , Sir George Midleton , Sir Robert Binloss , Sir Edward Stanley , Sir Edward Mosley , Sir Ralph Ashton of Whaley , Sir Ralph Ashton of Midleton Baronets ; Sir Gilbert Ireland , Sir Roger Bradsheigh , Sir Henry Slater , Sir Jeoffery Shakerley , Sir John Heath Knights ; John Mollineux , Richard Kirkby , Roger Nowell , Edward Fleetwood , Henry Bainstre , VVilliam Farrington , Robert Holt , Laurence Rawstorne , Hugh Dickenson , William Radley , Nicholas Townley , John Parker , Nathaniel West , Thomas Preston , John Girlington , Daniel Fleming , Robert Rawlinson , Jeoffrey Rishton , Alexander Osbaldeston , Alexander Rigby of Middleton , John Lightbonne , Edward Rigby , Francis Lindley , Thomas Bradill , Christopher Parker , Thomas Norres , Richard Legh , Richard Penington , Richard Fleetwood of Rossall , Thomas Butler , Nicholas Mosley , John Halsted of Banckhouse , Major John Byrom , Robert Heywood , James Duckenfeild , Matthew Richardson , Peers Legh , John Entwisley , John Risley , Cuthbert Ogle , Henry Houghton , John Birch of Ordsdall , Bartholomew Hesketh , Captain Byrom , Thomas Ashton , George Hilton , Henry Porter , Thomas Caruss , William Fife , Thomas Greenehalgh , Thomas Holt junior , Roger Ke●non , VVilliam Daniel , Peter Adlington , Ambrose Ludsay , Thomas Ashurst , VVilliam Kirkby , William Banckes junior , Richard Leigh , Esquires ; John Aynsworth , Thomas Leigh , Nicholas Fezackerly , Captain Brabin , Captain Longworth , Nicholas Pennington , William Wall , Seth Blackhurst , James Hodgkinson , Joseph Rigby , Luke Hodgkinson , Ralph Mercer , Alexander Woodward , Alexander Rigby of Layton , John Tatlock Gentleman ; Edward Dobson Esquire ; The Mayor of Wiggan for the time being , The Mayor of Lancaster for the time being , The Mayor of Leverpoole for the time being , The Mayor of Preston for the time being , John Chandler Gent.

Leicester . For the County of Leicester , Thomas Lord Beaumont of the Kingdom of Ireland , John Lord Roos , son and heir apparent to John Earl of Rutland , Bennet Lord Sherard of the Kingdom of Ireland , John Grey Esquire ; Sir George Villiers , Sir Erasmus de la Fountain , Sir Tho. Halford , Sir Thomas Cave , Sir Jeoffry Palmer , Sir Woolstan Dixie , Sir Henry Hudson , sir George Prettyman , Baronets ; sir William Hartop , sir John Heath Knights ; John Crew , Philip Sherard , Henry Neville , George Faunt , Tho. Menye , Matthew Babington , William Noell , William Boothby , Samuel Jarvis , John Fountaine , Walter Rudings , Thomas Armstone , Roger Roe , William Whalley , Richard Brudenell , William Roberts , Captain Burton , VVilliam Hartop , Richard Orton , John Needham of Osbaston , John Morton , Thomas Bradgate , Richard Bradgate , William Streete , William Halford , John Turvile , William Belgrave , John Needham , VVilliam Skevington , Iohn Hackett , Thomas Stavely , George Ashby , Richard Verney , John Cave , Stanhope Whalley , William Leake , Iohn Danvers , Thomas Bennet , William Bent , Roger Smith , William Trimnel , Henry Farneham , Francis Chamberlain , Robert Barnard , Iohn Barwel , Henry Bigland , Neale Hewett , William Cole , Esquires .

Leicester . For the Borough of Leicester , William Callis Mayor of Leicester , Sir John Prittiman Baronet , Sir William Hartopp Knight , Walter Rudeings Esquire , Richard Palmer , Richard Lincoln , Alexander Coats , Thomas Freeman , Thomas Overing , Thomas Brown , Daniel Abney , John Franks , Francis Noble , Gent. and Thomas Stavely Esquire .

Lincoln . For the County of Lincoln , and City and County of the City of Lincoln , George Lord Viscount Castleton of the Kingdome of Ireland , Robert Lord Willoughby of Earsby , Son and Heir apparent to Mountague Earl of Lindsey , Lord Great Chamberlain of England , William Mountague , William Pierpoint , Esquires ; Sir Philip Tyrwhitt , Sir Edward Barkham , Sir Humphry Winch , Sir Henry Massingbord , Baronets , Sir Francis Goodrick , Sir John Moreton , Sir Francis Dallison Knights ; Philip Tyrwhit , Henry Fines , William Metham , Willam Marwood , George Sanderson , John Ogle , Edward Merberry Esquires ; William Willoughby Esquire , Sir John Mounson senior , Sir John Bolles , Sir William Hickman , Sir Robert Dallison , Sir Edward Lake , Sir John Anderson , Baronets ; Sir John Mounson junior , Knight of the Bath , Sir Thomas Meres Knight , Charles Pelham senior , Edward Tourney senior , Cycil Turwhitt ; William Godfrey ; William Brownlow , George Healey , William Anderson , John Farmary of Northrop , Edward Tourney junior , John Stow , Esquires ; Sir Henry Bellasis Knight of the Bath , Sir Thomas Bernardiston , Sir William Wray , Sir George Wynne Baronets ; Sir Edward Aiscough , Knights ; Charles Pelham junior , Jervas Hollis Master of Requests , William Wentworth , William Broxholme , Marmaduke Dorrel junior , William Bard , Alexander Emerson , John Nelthrop , John Boswel , Charles Newcomen Esquires ; Sir Thomas Ellis Baronet , Sir Adrian Scroop Knight of the Bath , Sir Martin Lister , Sir Robert Christopher , Knights ; John South , John Bolles , William Fitz-William , John Hanby , Isaac Knight , Charles Radley , William Woley , William Ballet senior , Robert Long , Thomas Ely , Dymocke Walpoole , George Osney , Henry Midlemore Esquires , Sir Francis Fane Knight of the Bath , George Sherard Esquire ; Sir Thomas Hussey , Sir William Thorold , Sir John Newton , Sir Richard Rothwel , Baronets ; Sir John Walpoole , Knight ; Charles Dymocke , Lewis Palmer , Anthony Thorold , Molleneux Disney , Christopher Nevil , Richard Brownlow , Thomas Ellis , William Lister , John Hobson , Richard Ryley , Thomas Petchel , Stephen Rothwel , John Wilson , Henry Stone , Anthony Williams , VVilliam Thornton , VVilliam Rivett , Esquires ; Robert Laming , John Colthurst , John Trafford , Gentlemen ; Sir Michael Armin , Sir John Brownlow , Sir Robert Markham , Sir VVilliam Brownlow , Sir VVilliam Trollop , Sir John Bucke , Baronets ; Sir Thomas Orpe , sir Christopher Clapham Knights , Thomas Hatcher , William Stafford , Erasmus De Ligne , John Hatcher , Thomas Harrington , William Blyth , John Saunders , William Savile , Edward Skipwith , Francis Wingfield , Thomas Trollop , Adam Cleypoole , Philip Dalloe , Thomas Skipwith , William Hyde , William Trollop , William VVelby , Lister Teigh , Esquires , Robert Garland Gentleman ; Thomas Grantham , Peregrine Berley , sir Anthony Oldfield , Baronet , sir Henry Heron , Knight of the Bath , sir Anthony Irby , sir Robert Carr , Knights ; sir VVilliam Humble Baronet ; sir John Brown Knight , Thomas Thory , Thomas Hall , John Jay , Charles Skipwith , John Lockton , Esquires ; Thomas Brown , Gentleman ; Matthew VVoolmer , Anthony Oldefield , Esquires ; John Empson Esquire , Joseph VVhiting , Charles Rushworth , Samuel Jackson , Anthony Hall , Doctor Sturton , Richard Balder , Robert Bisle , VVilliam Dickinson , Gentlemen ; Adlard VVelby , David Bonnel , Esquires ; John Jelson , Daniel Rhodes , George Caverne , Henry Morley , Israel Jackson , Gentlemen ; Thomas Marham , Doctor Richer , Robert Melish , Esquires ; Richard Milner Gentleman , the Mayor of the City of Lincoln for the time being , and the four senior Aldermen , viz. VVilliam Bishop , Edward Blowe , Richard Wetherel , Robert Wrose ; the Mayor and the thrée senior Aldermen of Boston , viz. John Ellis , George Slee , Samuel Beeston ; the Mayors of Stamford , and Great Grimsby , and the Alderman of Grantham for the time being ; Doctor Thomas Saunderson , William Perkins and Richard Leemine , Daniel Thorowgood , Richard Butcher , George Hill , Gentlemen ; John Humphreys Esquire , Charles Bawds , Stephen Mason Esquire , Samuel Burton , John VVimberly , Gent.

London . For the City of London , sir John Lawrence , Knight , Lord Mayor , and the Lord Mayor for the time being ; sir Thomas Adams , sir Richard Brown , sir Thomas Alleyn , sir John Robinson , sir VVilliam VVild Recorder , Knights and Baronets ; sir Richard Chiverton , sir John Frederick , sir Anthony Bateman , sir Thomas Soame , sir Thomas Bludworth , sir VVilliam Bolton , sir VVilliam Peake , sir VVilliam Turner , sir Richard Ford , sir Richard Reeves , sir VVilliam Thompson , sir Theophilus Biddulph , sir John Shaw , sir VVil. VVale , Knights ; Francis Meynel , Samuel Sterling , Robert Hanson , VVilliam Hooker , Thomas Bonfoy , Roger Hatton , Nicholas Bonfoy , John Bence , Richard Shelbury , Aldermen ; and the Aldermen and Recorder of the said City for the time being ; George Waterman , Charles Doe , Sheriffs ; and the Sheriffs for the time being ; John Jones , John Jolliffe , Thomas Thurgis , Henry Dunstar , VValter Lap , Esquires , James Abernoite .

Middlesex . Sir Edward Turnor Knight , Speaker of the Honourable House of Commons , sir Thomas Ingram , Chancellor of the Dutchy of Lancaster , Hugh Lord Colrain in the Kingdom of Ireland ; sir Orlando Bridgman , Chief Iustice of the Common-Pleas , Henry Lord Cornebury , son and heir apparent to Edward Earl of Clarendon Lord Chancellor of England ; Edward Russel , George Mountague , Christopher Hatton , Thomas Coventry , William Mountague , Robert Spencer , Henry Seymour , Esquires ; sir Henry Bennet , Principal Secretary of State , John Ashburnham esquire , one of his Majesties Bedchamber , Edward Progers esquire , one of his Majesties Bedchamber , Thomas Elliot esquire , one of his Majesties Bedchamber , sir Harbottle Grimston Baronet , Master of the Rolls , sir Heneage Finch Knight and Baronet , his Majesties Solicitor General , sir Gilbert Gerard , sir Thomas Fisher , sir Henry Wood , sir John Robinson , sir Jeremy Whichcot , sir William Waller , sir Richard Franklin , sir Joseph Ash , sir Reginold Foster , sir William Roberts , sir Hugh Smithson , Baronets ; sir John Brampston , sir Robert Atkins , sir John Bennet , Knights of the Bath ; sir Henry Herbert , sir Thomas Allen , sir Nicholas Crisp , sir Thomas Roe , sir William Bateman , sir Lancelot Lake , sir Henry Wroth , sir Francis Gerard , sir John Glyn , sir John Maynard , sir John Heath , Attorney of the Dutchy ; sir Winston Churchil , sir John Cropley , sir Charles Harbord , sir Robert Hyde , Lord Chief Iustice of the Kings Bench , sir Edmond Boyer , sir Thomas Clergies , sir James Smith , sir Ellis Leighton , sir Thomas Player junior , sir Thomas Byde , sir William Rider , sir Clifford Clifton , sir Gilbert Gerard of Harrow , sir Gilbert Gerard of St. James , sir John Nicholas , sir Philip Warwick , sir Christopher Eyres , sir John Birkenhead , one of his Majesties Masters of Requests ; sir Cycil Wich , sir Robert Car , sir Edmond Barker , sir John Colliton , sir Edmond Peirce , sir Justinian Lewin , sir Thomas Escourt , sir Edward Wingfield , sir Henry Wernon , sir Paul Painter , Knights ; William Ashburnham , Cofferer of his Majesties Houshold ; Sergeant Wynham , Sergeant Waller , Charles Cornwallis , Humphrey Weld , Francis Crawley , Edmond Waller , George Pit , Sydney Bere , John Carey , Henry Barker , John Brown , Edwin Rich , Francis Bloomer , Joseph Ayloffe , Thomas Swallow , Richard Peacock , Charles Cheyne , John Trevor , Francis Philips , Robert Jacob , William Hill , John Heydon , George Day , George Marsh , William Page , Andrew Ellis , John Page , William Meggs , Thomas Collet , Ralph Hawtry , Thomas Povey , Giles Hungerford , Thomas Lake , Richard Dunton , James Hawley , Erasmus Moise , Charles Pitfield , Thomas Kendal , Thomas Harrison , Thomas Wharton , John Jones , Henry Osborn , John Smith , William Goldsborough , Richard Abel , John Wilford , David Walter , Richard Cheney , Richard Procter , James Norfolk , John James , John Fetherley , William Northrey , John Philips Auditor , Edmund Warcup , Roger Jennings , Robert Child , William Marshall , Thomas Ardin , Jasper Churchil , Daniel Procter , John Baldwin , VVilliam Bowles , VValter B●othby , Nicholas Ranton , John Gouldsmith , Henry Murrey , John Hutchinson , Edward Rich , Robert Peyton , Pawlet St. John , VVilliam Dormer , Edmond Draper , Doctor VVilliam Quarterman , esquires ; sir Thomas Bird , one of the Masters of Chancery , sir Frederick Hyde Sergeant at Law ; Robert Hanson , Lestrange Colthrop , esquires ; sir Charles Cotterel , sir John Birkenhead , Richard Atkins , James Hambleton , one of his Majesties Bed-chamber , Edward Trussel , Maximilian Bard , VVilliam Harpham , esquires ; Mr. Bathurst of Edmonton , John Layney , John Pawlet , Mr. VVood of Littleton , Mr. Roberts of Hayes , John VValker , Mr. Thomas Diconson of Hillingdon , Robert Hampton , Robert Shoredith , Gentlemen ; Captain Harrington of Staynes , Major John Bill , Michael Holman , Henry Row , esquires ; Mr. Leigh of Greenford , Mr. Claxton of Sudbury , Mr. Brigginshal of Hayes , Mr. Chute of VVilsdon , Thomas Nevet , Mr. Farrington of South-mims , VVilliam Bockenham , John Thorp , John Norwood , John Lloyd , Gentlemen ; sir Richard Napier , Robert Napier , Tho. Henshaw , Griffith Bodurda , esquires ; sir Thomas Thorowgood Knight , Frederick Cornwallis , Francis Cornwallis , and Henry Murrey , Esquires .

Westminster . For the City of VVestminster , Thomas Lord Richardson , Baron Cramond in the Kingdom of Scotland , sir VVilliam Morrice Knight , Principal Secretary of State , sir Henry Bennet , Principal Secretary of State , sir Edward Nicholas Knight , one of his Majesties most honourable Privy Councel , George Mountague esquire , sir Heneage Finch , Knight and Baronet , his Majesties Solicitor-General ; sir VVilliam Plaiters Baronet , sir Robert Long , sir Lancelot Lake , sir Robert Pye , sir Charles Harbord , sir Cycil VVich , Knights ; sir Edmond Pye Knight and Baronet , sir John Cotton Baronet , sir Henry Herbert , sir John Nicholas Knight of the Bath , sir Philip VVarwick , sir Richard Everard , sir Edward Filmer , sir Allen Apsley , sir Henry VVood , sir Thomas M●res , sir John Talbot , sir Charles Cotterel , sir Thomas Higgons , Knights ; sir Thomas Littleton Baronet , sir VVilliam Poultney Knight ; sir John Bennet , Knight of the Bath , sir VVilliam VVheeler , Baronet ; sir Thomas Clergies , Knight ; sir John Birkenhead , one of his Majesties Masters of Requests , sir VVilliam Clerke , sir Anthony I●by , sir Robert Howard , Knights ; sir Edward Greavers Baronet , sir John Baber Knight , sir John Collaton Knight and Baronet , sir Edward Broughton Baronet , Iohn Ashburnham , Bernard Greenvile , Stephen Fox , Cecil Tufton , Iohn Trevor , sir Richard Oately , Reignald Graham , Doctor VVilliam Quarterman , esquires ; sir Theodore le Vaux , sir Hugh Carteret , Knights ; Colonel VVhitley , George Pitts , Richard Newman , Mr. Dolbin , Steward of VVestminster , Robert Scawen , Iohn Browne , Thomas Povey , Richard Atkins , Richard Mason , Thomas Coppin , VVilliam Glascock , Bulleyn Reymes , Edmond-Bury Godfrey , Francis Lucy , Thomas Morrice , Robert Filmer , Matthew Lock , Thomas Russel , Edmond VVarcup , Iohn Sibley , Thomas Russel , Thomas Bayles , William Harbord , Richard Aldworth , Simon Smith , George Farewell , James Norfolk , Humphrey Wyrley , Francis Dorrington , Charles Potts , Butler Kinhead , William Hammond , Henry Peck , Francis Cornwallis , Anthony Cogan , Edward Fauconbridg , William Gape , Emery Hill , Roger Higgs , Peter Salmon Doctor of Physick ; George Meryfield , Job Williams , Gentlemen ; Frederick Cornwallis , Charles Cornwallis esquires ; sir Thomas Byrd Knight , and John Clarke Doctor of Physick in the Strand ; Andrew Ellis Esquire .

Monmouth . For the County of Monmouth , Henry Lord Herbert of Ragland , Son and Heir apparent to Edward Marquess of Worcester , William Lord Herbert of Cardiff , Son and heir apparent to Philip Earl of Pembrooke and Mountgomery , sir Bainham Throckmorton Knight and Baronet ; sir Edward Morton , sir Trevor Williams , sir Thomas Morgan Baronets ; sir George Probert Knight ; William Morgan of Tredgar , William Jones of Treowen , Thomas Lewis of St. Peere , George Probert , Edward Proger , Edmond Morgan , Charles Van , Thomas Hughes , Charles Hughes , James Herbert , Charles-Proger Herbert , Henry Morgan , William Morgan of Pencrike , VVilliam Morgan of Grays Inn , Thomas Morgan of Penrose , Thomas Morgan of Lawromney , Herbert Evans , VVilliam Herbert , Charles Price , Walter Rumsey , VVilliam Jones of Abergeny , Henry Baker , Philip Cecil , Roger VVilliams , Thomas VVilliams , John VValter of Perfield , Roger Oates , VValter Prichard , John Parry , Nicholas Kemois , James Prichard , Thomas Prichard , John Grenuffe , Edmond Jones , John Arnold , Esquires ; Edward VVilliams , John Lewis , Henry Chambre , Thomas Herbert , VValter Jones , VValter Morgan , Edward Kemeis of Pertholy , Capel Hanbury , Christopher Perkins , Roger Aldey , Charles Griffith , VVill . VVilliams of Lanfoist , John Rumsey , VVill . Jones of Lansanfreed , Gentlemen ; the Mayor of the Town of Monmouth for the time being , Andrew Probert , John Gubb , Gent.

Northampton . For the County of Northampton , Robert Viscount Mandevil , Son and Heir apparent to Edward Earl of Manchester , Lord Chamberlain of his Majesties Houshold , Obryan Viscount Cullen of the Kingdom of Ireland , Charles Lord Le de Spencer , Son and Heir apparent to Mildmay Earl of Westmerland , VVilliam Lord Fitz-VVilliams of the Kingdom of Ireland , sir Francis Compton , Knight , George Mountague , Christopher Hatton , sir Tho. Crew , Rob. Spencer Esquire ; sir Richard Rainsford one of the Barons of his Majesties Exchequer ; sir Jeoffrey Palmer , his Majesties Attorney General , Will . Mountague Esquire , the Quéens Attorney General ; sir Justinian Isham , sir Tho. Cave , sir Hen. Yelverton , sir Samuel Danvers , sir Edw. Nichols , sir Roger Norwich , sir John Robinson , sir Will . Dudley , sir George Buswel Baronets ; sir John Holman Baronet , sir Edw. Griffin , sir Will . Fleetwood , sir Samuel Jones , sir John Bernard , sir James Langham , sir Edw. Alstone , Knights ; John Beaumont , Ferdinando Marsham , Lewis Palmer , Will . Haslewood , Henry Robinson of Cransley , Miles Fleetwood , George Clarke , Will . Stafford , Fran. Lane , Goddard Pemberton , John Brown , Thomas Chubnal , George Wake Doctor of Laws , Laurence Manley , VVilliam Chester , William Sanders , Tho. Trist , Tho. Elmes , Toby Chancey , Tho. Catesby , Richard Rainsford , Samuel Trist , VVilliam Washburne , Humphrey Orme , Maurice Tresham , William Langham , William Downhall , Philip Holman , John Cartwright , George Tresham , William Tate , Richard Kinsman , Edward Onely , John Syers , Edward Harby junior , William Adams , John Colly , Richard Saltenstal , Maximilian Emersly , _____ Foxely , Edward Palmer , Robert Clerke , William Buckby , Henry Edmonds , Will . Pargiter junior , Tanfield Mulso , Christopher Pickering , Bryan Janson , Walter Kirkham , Rich. Benson , Anthony Shuckburgh , Michael Woodhal , John Thornton , Richard Nailer , John Willoughby , John Bagshaw , William VVarner of Lub●am , VVilliam Lisle , Christopher Thursby , Bernard VValcot , Andrew Lant , Francis Morgan , Alexander Fakins , Thomas Roane , Thomas Jennyson , VVilliam VVard , John Lynn , John Delaval , VVilliam Leavins , Francis Kirkham , Edmond Neale , Nicholas Steward , John Gardiner , John VViseman , Esquires ; The Mayor of Northampton for the time being , Thomas Thornton , John Brafield , Francis Pickmere , Joseph Sergeant , John Friend , Hatton Farmer , Joseph Hensman , John Hewes ; the Mayor of Higham for the time being ; the Bailiff of Daventry for the time being ; the Mayor of Brackley for the time being ; Henry Lucas , Samuel Clerke , Thomas Dove , John Bourn , Robert Pargiter of Gretworth , Esquires , and Richard Butler of Preston , Gentleman .

Nottingham . For the County of Nottingham , and Town and County of the same , Henry Lord Viscount Mansfeild , Son and Heir apparent to VVilliam Marquess of Newcastle , Patricius Viscount Chaworth of the Kingdom of Ireland , Gilbert Lord Haughton , Son and Heir apparent to John Earl of Clare , VVill . VVilloughby , Ancestil Gray , VVill . Pierepoint , Arthur Stanhop , VVill . Byron , Esquires ; sir Jarvas Clifton Knight and Baronet , sir George Savill Baronet , sir Francis Mollineux Knight and Baronet ; sir VVill . Hickman , sir Tho. VVilliamson , sir VVill . VVilloughby , Baronets ; sir Francis Leake Knight and Baronet , sir John Digby , sir Ralph Knight , sir Clifford Clifton , Knights ; Robert Pierrepoint , Anthony Eyre , John Grubham-how , VVilliam Palmes , Isham Perkins , VVilliam Stanhoppe , VVilliam Cartwright , Charles Hutchinson , VVill . Sacheverill , Cecil Cooper , John Cooper , Will . Skeffington , Peniston Whalley , Will . Herbert , Anthony Gilby , Francis Sands , Francis Stringer , Will . Clearkson , Robert Mellish , George Nevil , Arthur Waring , John Rayner , Tho. Charlton , Clifton Rodes , Tho. Marshal , Rason Mellish , Tho. Wowen , John Moseley , Will . Byron , Esquires ; Robert Thoroton Doctor of Physick , George Cam , Will . Newton , James Lane , Gentlemen ; The High Sheriff of the County of Nottingham for the time being , the Mayor of Nottingham for the time being , the Bailiffs of East-Radford for the time being , and the Mayor of Newark for the time being .

Norfolk . For the County of Norfolk , Sir Edward Turnor Knight , Speaker of the House of Commons , Thomas Lord Richardson Baron Cramond of the Kingdom of Scotland ; Hatton Rich Esquire , sir Edmond Bacon , sir John Hobart , sir Philip Woodhouse , sir Richard Berney , sir Henry Jernegan , sir Edward Barkham , sir Nicholas le Strange , sir John Holland , sir Robert Paston , sir John Palgrave , sir Ralph Hare , sir John Potts , sir Robert Kempe , sir Jacob Astley , sir Edward VVard , sir Thomas Deerham , sir William Gaudy , sir William Cook , sir William Doyley , Baronets ; sir Miles Hobart , sir John Knyvett , sir Edward Walpoole , sir Christopher Calthorpe Knights of the Bath ; sir Charles Harbard , sir John Harrison , sir Thomas Guybon , sir Allen Apsley , sir VVilliam Hovel , sir Thomas Rant , sir Joseph Payn , sir Thomas Meadow , sir VVilliam Hewyt , sir Justinian Lewin , sir VVilliam Doyly , sir Robert Yallap , sir Nevil Catelyn Knights , Thomas Townshend , George Townshend , John Bladwell , Robert London , Le Strange Caltharp , Thomas Dey , Robert Kedington , Robert Tyrrill of Wilton , Thomas Thursby , Francis Thursby , Samuel Harsnett , Leonard Gooch , John Warner , John Fisher , Hatton Barnerd , John Bendish , Gascoyne Weld of Braconash , Thomas Garret , Esquires ; Erasmus Earl Sergeant at Law , John Cooke , Robert Tracy , James Grey , John Hobart , Thomas le Gros , Edward Barkham , Thomas Holland , Augustine Palgrave , John Potts , William Coke , Francis Bickley , Will . Addams , Anthony Gaudy , Philip Herbert , Roger Spilman , Philip Harbor , Maurice Shelton , Peter Gleane , Thomas Gaudy of Claxton , Thomas Berney of Swarson , William Crane , Anthony Freeston , Robert Suckling , John Windham , VVilliam Barker , Robert Gawsell , Henry Repps , Oliver Neeve , Philip Bedingfied and Humphrey Bedingfield , Fran. Bacon , Tho. Bacon , Rob. Long , Rob. Baldoch , Rob. Stewart , John Earle , Francis Cory , Christopher Jay , Suckling Jay , Leonard Mapes , Henry Clifton , Clement Herne , Nathaniel Showldham , Richard Nixon , Edmond Doyley , John Thugton , John Cock , Tho. Browne of Elsing , Tho. Corey , John Kendall , Lawrence Oxburgh , John Shadwell , Robert Coney , Rob. Haughton , Rich. Godfrey , John Anguish , Anthony Fisher , Edward Barber , Tho. Drury , Nich. Rookewood , Anth. Drury , Robert Drury , Tho. Talbot , Nich. Styleman , Jacob Preston , Bassingbourne Gaudy , Charles Gaudy , VVilliam Davy of Ellingham , Nathaniel Knevet , Edmond Britiff , Simon Britiff , Tho. Wright of Kilverston , Munford Spelman , Edmond de Grey , Tho. Wright of Ovington , William Brampton and Robert Buxton , Gentlemen .

Kings Lynn . For the Burrough of Kings Lynn , The Mayor for the time being , Robert Steward , Recorder ; Walter Kerby , John Basset , Thomas Greene , John Bird , Benjamin Holly , Henry Bell , William Wharton , Thomas Robinson .

Thetford . For the Borough of Thetford , The Mayor for the time being , sir John Holland and sir Will . Gaudy , Baronets ; sir Allen Apsly Knight , Maurice Shelton Esq John Kendall , Robert Tyrrell , Edmund Hunt , Burrage Martin and Osmond Clerk , Gentlemen .

Great Yarmouth . For the Burrough of Great Yarmouth , The Bayliffs for the time being ; sir Thomas Meadow , Thomas Pufflet , John Cubitt , Richard Jermin , John Hall , Abraham Castell , Thomas Gooch , Nathaniel Ashby , John Row , George England , John Woodroff , Edmund Thaxter , Arthur Bacon , Aldermen .

For the City of Norwich , The Mayor for the time being , sir Joseph Payne Knight , Francis Cory Esquire , Recorder ; Hen. Watts , John Rayley , Bernard Church , John Man , John Salter , Christopher Jay , Richard Wenman , John Osborne , John Croshold , Will . Haward , Esquires ; The two Sheriffs for the time being , Augustine Briggs , Tho. Wisse , Robert Bendish , Richard Couldham , John Larrance , Hen. Hirne , Francis Norris , Matthew Markham , John Manser , Henry VVoods , Henry VVatts junior , Thomas Thacker , Thomas Chickeringe .

Northumberland . For the County of Northumberland , Henry Lord Viscount Mansfeild , Son and Heir apparent to William Marquess of Newcastle ; Thomas Grey , Ralph Grey , Edward VVidrington , Esquires ; sir VVilliam Fenwick , sir Ralph Delaval , Baronets ; sir VVilliam Forster , sir Henry VViddrington , sir Francis Lyddal , Knights ; Edward Grey of Heaton , Robert Delaval , Cuthbert Heron , Ralph Grey of Bradford , Thomas Forster of Etherston , VVilliam VVidrington , William Fenwick of Beywell , Ralph Heborn of Heborn , John Clark , Robert Shafto of Benwell , Ralph Jenison , John Salkeld the elder of Rock , Thomas Benwick of the Closhouse , Daniel Collingwood of Branton , Richard Stote , VVilliam Delaval of Benwick , John Rodham of Little Houghton , Nicholas Whitehead , and Ralph Anderson , Esquires ; VVilliam Warren and Michael Widrington of Morpeth , Gentlemen .

For the Town of Berwick upon Tweed , Colonel Edward Grey , the Mayor for the time being ; Thomas Watson , Andrew Moore , Mark Armorer , John Duglas , Aldermen ; and Anthony Afton , Bailiff .

For the Town and County of Newcastle upon Tine , the Mayor for the time being , sir John Marley and sir Francis Anderson , Knights ; John Clarke , and Henry Brabant , Esquires .

Oxon. For the County of Oxon , Thomas Earl of Downe in the Kingdome of Ireland , Henry Lord Viscount Cornebury , son and heir apparent to Edward Earl of Clarendon , Lord Chancellor of England ; Philip Lord Wenman , Viscount Tuam in the Kingdom of Ireland , James Herbert , John Lovelace , Esquires ; sir Anthony Cope , sir Henry Lee , sir Thomas Spencer , sir Thomas Penniston , sir William Walter , sir Anthony Craven , sir Thomas Cleyton , Warden of Merton Colledge ; sir Thomas Chamberlain , sir Compton Read , Baronets ; sir VVilliam Fleetwood , sir VVilliam Morton one of his Majesties Sergeants at Law , sir John Glyn one of his Majesties Sergeants at Law ; sir Francis Wenman , sir Edward Norris , sir Henry Jones , sir John Robinson Lieutenant of the Tower , sir Timothy Terryl , sir Thomas Tipin , sir John Clarke , sir Edmund Bray , sir George Croke , sir Littleton Osbaldiston , sir Robert Jenkinson , sir Allen Apsly , sir VVilliam Glyn , sir Philip Harecourt , sir Thomas Cob , sir Samuel Jones , Knights ; sir Edward Hungerford Knight of the Bath , James Herbert , John Lovelace , David Walter one of the Grooms of his Majesties Bed-chamber ; Lewellin Jenkins Doctor of Laws , Principal of Jesus Colledge , Broome Whorwood , Richard Crooke , William Cope , James Hyde Doctor of Physick , President of Magdalen Colledge , Thomas Willis Doctor of Physick , Thomas Saunders , Anthony Libb , Vincent Barry , Henry Allnut , John Stone , Francis Martin , Edmund Lenthal , John Clarke , VVilliam Lenthal , VVilliam Legg one of the Grooms of his Majesties Bed-chamber , VVilliam Dormer , John Cartwright , George Chamberlain , Thomas Wheate , VVilliam Sheppard , William Cartwright , Rowland Lacy , Arthur Jones , Henry Allworth Doctor of Laws , Richard Hollaway Counsellour at Law , John Clitherow Gentleman , Robert Dormer , Raynald Bray , William Bayley , Thomas Hord , John Doyley , Charles Hollaway Sergeant at Law , Charles Hollaway , Thomas Coventry , Matthew Skinner Doctor of Physick , Samuel Sandys junior , William Gamcock , Robert Vesey , Robert Perrot junior , _____ Sheppard of Rosewright , Edward Vernon , John West , William Oakeley , Esquires ; William Wright and John VVickham , Gentlemen ; The Mayor of VVoodstock for the time being , Master Alexander Johnson ; the Mayor of Banbury ; the Warden of Henley ; the Bailiffs of Burford and Chipping-Norton , and the chief Magistrates to act in their several Corporations only .

For the Vniversity and City of Oxford , the Vice-Chancellor and the two Proctors for the time being , sir Thomas Cleyton Knight , Warden of Merton Colledge , Richard Bayley Doctor of Divinity , President of St. Johns Colledge , John Fell Doctor of Divinity , Dean of Christ-Church , John Meredith Doctor of Divinity , Warden of All-Souls Colledge , Thomas Barlow Doctor of Divinity , Provost of Queens Colledge , Thomas Yates Doctor of Divinity , Principal of Brazen-Nose Colledge , Walter Blandford Doctor of Divinity , Warden of Wadham Colledge , Luellin Jenkins Doctor of the Laws , Principal of Jesus Colledge , Joseph Crowther Doctor of Divinity , Principal of Saint Mary Hall , James Hyde Doctor of Physick , Principal of Magdalen Hall , Richard Lydal Doctor of Physick , Thomas Elliot Doctor of Physick , Henry Alworth Doctor of Laws , Benjamin Cooper Master of Arts , Richard Witt Batchelor of Law , Nicholas Vilet Batchelor of Law , Richard Holway , Esquires ; Martin Lipyard , John Cross , VVilliam Flexney , John Haslewood , Joseph Goodwin , William Day , Richard Davis , William Finch , Matthew Leech .

The Mayor of the City for the time being , sir Anthony Cope , and sir Francis Wenman , Baronets ; sir William Morton , sir Sampson White , Knights ; Broom Whorwood , Sergeant Hollaway , Charles Hollaway , Richard Cooke Recorder , George Low , Esquires ; Francis Harris , Leonard Bowman , William Wright , Roger Griffin and John White , Aldermen ; John Harris , William Bayley , Francis Grenoway , Francis Heyward , John Townsend , William Cornish , Henry Mallory , John Painton Town-clerk , Robert Whorwood , John Lamb , Thomas Rowney , Richard Prat and Edward Astin , Gentlemen .

Rutland . For the County of Rutland , John Lord Roos , Son and Heir apparent to John Earl of Rutland , Bennet Lord Sherard of the Kingdom of Ireland , Edward Noel , Henry Noel , Philip Sherard , Esquires ; sir Thomas Mackworth Baronet , sir Edward Heath Knight of the Bath , sir Francis Mackworth , sir Edward-Maria Wingfield , sir Eusebius Pelsant , Knights ; William Palmes , Alexander Noell , Christopher Browne , Beaumont Bodenham , Richard Halford , Abel Barker , Samuel Brown , VVilliam Hyde , Edward Faukner , Robert Mackworth , Esquires ; Charles Halford , Ezekiel Johnson , Gentlemen .

Salop. For the County of Salop , VVilliam Pierripont , Andrew Newport , Esquires ; Sir Thomas Woolrich , sir VVilliam Whitmore , sir Francis Lawley , sir Walter Acton , sir Henry-Frederick Thinne , sir Vincent Corbet , sir Thomas Littleton , sir Francis Edwards , sir Henry Vernon , sir Humphrey Briggs Baronet , sir Thomas Whitmore Knight of the Bath ; sir Richard Prince , sir John Weld , sir Richard Ottly , sir VVilliam Child and sir Henry Herbert , Knights ; sir Job Charleton Sergeant at Law , and Chief Iustice of Chester , Timothy Littleton Sergeant at Law , VVilliam Fowler , Timothy Turner , Philip Eyton , Richard Scriven , Francis Thornes , Charles Mannering , James Laten , Robert Sandford , Roger Kinneston , Thomas Bawdwine , Robert Leighton , Philip Prince , Francis Charlton , Thomas Owen of Cow-dover , Edward Kynerstone , Samuel Wingfield , Thomas Whitmore , George Weld , George Ludlow , Thomas Rocke , Charles Baldwin , Robert Charleton , Henry Barnard , Thomas Powis , Thomas Kettelesby , Robert Corbet of the Hall of Hussey , Thomas Holland , John Coates , VVilliam Oakeley , Edmond Waring of Owldbury , Somerset Fox , Richard Fowler , John Walcot , Adam Ottly , Thomas Walcot , Robert Cresset , John Cole , Robert Owen , Edward Powel , Thomas Lloyd , Thomas Lockier , Thomas Smalman , John Lacon , Thomas Lockard , John Kynestone , VVilliam Owen of Porkington , John Newton , Thomas Kynnersley of Badger , VVilliam Cotton , Richard Mitton , Francis Forester , VVilliam Jones of Sandford , Rowland Hill , Vincent Edwards , Henry Goodrick , John Trevor , Thomas Ireland , Thomas Jones , Richard Creswel , Thomas Harris , John Corbet of Adderley , Edward Vernon , Thomas Acton , Thomas Jobber , Samuel Baldwin , Henry Sprat , Thomas Crump , Henry Griffiths , Richard Ridley , Jonathan Langley , James Beck , Henry Mitton of Shipton , Esquires ; The Mayor of the Town of Salop for the time being ; the Bailiffs of Ludlow , Bridge-North , Wenlock and Bishops-Castle for the time being , Daniel Wicherley , Francis Smith , Richard Walker , John Whitacre , Richard Clarke , Andrew Viners , Richard Tayler , John Harding , Arthur Hinckes , John Baugh , Edward Wollaston , Alexander Middleton , Samuel Lloyd , Richard Davis of Ludlow , Roger Gough , Benjamin Buckley of Somerset-Hall , Robert Betton , Thomas Jones of Sheet , Richard Charleton , Richard Hosier , Capt. Philip Jenings , Andrew Hill , Richard Prichard , John Haynes , George Hosier , John Stanyer , Edward Owen , Roger Harris , Robert Vernon , Capt. Richard Philips , Rowland Hill of Hackoston , Gentlemen ; Richard Cooling Esquire , Robert Gorton , sir Clement Clarke and Richard Jenkins Gentleman .

Stafford . For the County of Stafford , Sir John Wirley Knight , High Sheriff ; sir Edward Littleton , sir Edward Baggot , sir Thomas Wilbraham , sir Walter Rotesley , sir Charles Woolceley and sir Francis Lawley , Baronets ; sir Bryan Broughton and sir John Bowyer , Knights and Baronets ; sir Theophilus Bidolph , sir Thomas Whitgrave and sir VValter Littleton , Knights ; Randolph Egerton , VValter Chetwind senior , VVilliam Sneyd , Henry Grey , John Lane , VValter Chetwynd junior , George Digby , Broom VVhorwood , Rowland Okeover , Edward Mainwaring , John Skrymshire , Gerard Skrymshire , Colonel Harvy Bagot , Edward Vernon , Charles Cotton , Richard Congreave , Robert Milward , VVilliam Chetwind , Thomas Kynnersby , John Piercehouse , John Swynfen , Robert Levison , Francis Levison , Rowland Cotton , Henry Archbold , Jonathan VVoodnorth , Jonathan Cope , Henry Vernon , George Parker , John Shelton , Francis VVightwick , John VVhitehal , William Talbot , George Vernon , Charles Agard , Richard Aderley , Edward Arablaster , William Orme , John Noble , Edward Birch , Edward VVard , William VVard , William Trafford and Dan. VVatson , Esquires ; Richard Bracegirdle , William Trafford , John Gough , William Farmer , John Coleclough of Burslem , John Felton , Henry Haworth and Thomas Bagnal , Gentlemen ; The Mayor of Stafford for the time being ; The Mayor of Newcastle for the time being ; The Mayor of VValsal for the time being , and the Bailiffs of Tamworth for the time being .

Lichfield . For the City and County of the City of Lichfield , Thomas Caterbanck Bailiff , the Bailiffs for the time being , Sir Theophilus Bydolph Knight , Colonel John Lane , Michael Bydolph , Richard Dyot , John Hill , Sherington Talbot , Esquires ; Doctor Hinton , Doctor Hewet , James Allen , Thomas Minors , John Burnes , William Jesson , Gentlemen ; and the Sheriff for the time being .

Somerset . For the County of Somerset , John Lord Digby , Son and Heir apparent to George Earl of Bristol , Francis Lord Hawley of the Kingdom of Ireland , sir Charles Berkley Treasurer of his Majesties Houshold , John Pawlet , Francis Pawlet , Amias Pawlet , Esquires ; sir Thomas Mallet , one of the Iustices of the Kings Bench ; sir William Portman , sir John Sydenham , sir Maurice Berkley , sir Hugh Smith , sir William Windham , sir John VVorton , sir George Trevilian , sir Charles Pim and sir John Newton , Baronets ; sir John Coventry and sir Edward Hungerford , Knights of the Bath ; sir Henry Berkley , sir Thomas Bridges , sir Hugh VVindham , sir George Norton , sir John VVarr , sir Thomas Gore , sir George Horner and sir VVilliam Basset , Knights ; John Merefield Sergeant at Law , Alexander Popham , George Scowel , Edward Philips , Edmund VVindham , George Speake , Francis Lutterel , Henry Rogers , Peregrine Palmer , Samuel Gorges , John Mallet , Francis Wyndham , William Hellyer of Coker , William Prynne , Thomas Heale , Edward Berkley , Henry Waldron , William Bull , John Buckland , Thomas Warr , Robert Hunt , Thomas Piggot , Francis Roll , John Harrington , John Tynt , Warwick Brampfield , William Lacy , John Churchil , Henry Henly , Edward Court , Henry Bull , William Carrant , Francis Baker , Richard Jones , George Sydenham , Robert Hawley , Michael Mallet , Edward Philips junior , Anthony Pawlet , Henry Light , John Harbin , Roger Bourne , Edward Bampfield , Angel Grey , Ralph Stowel , Iohn Moore , Hugh Norris , William Speake , William Hilliar of Sea , Iohn St. Albons , Iohn Fitz-Herbert , Iohn How , William Bawn , Iohn Cridland , Kingsmel Lucy , Peter Roymon , VVilliam Harbord , Roger Newburrough , Maidley Samborne , Francis Vaughan , Iohn Fody , VVilliam Coward , Iohn Hunt , Iohn Goodwin , Henry Dunster , Edward Clarke , Thomas Farwel and VVilliam Clarke and James Hayes , Esquires ; And for the City of Wells and Town of Bridgewater , the respective Mayors for the time being ; for the City of Bath , the Mayor for the time being , VVilliam Prynne Esquire , Walter Gibbs Alderman , Robert Pearce Doctor in Physick , Walter Bayley , Edward Parker , John Sherstone and Simon Sloper , Gentlemen .

Bristoll . For the County and City of Bristoll , The Mayor for the time being , John Lawford Esquire , sir Robert Atkins Knight of the Bath , Recorder ; sir Henry Creswick and sir John Knight , Knights ; John Lock , Richard Balman , Nathaniel Cale , Walter Sandy , John Willoughby , Thomas Langton , Aldermen , Ralph Olliffe , John Hicks , John Wright , John Bradway and Richard Streamer , Gentlemen .

Southampton . For the County of Southampton , Charles Lord St. John of Basing , son and heir apparent to John Marquess of Winchester ; the Lord Henry Pawlet , sir George Carteret Vice-Chamberlain of the Kings Houshold , sir Robert Howard , sir Henry Worseley , sir John Mills , sir John Norton , sir VVilliam Lewis , sir Hugh Stewkley , sir VVilliam Mewx , sir Thomas Badd , sir Nicholas Steward , sir Andrew Henley , sir John Trot , sir Robert Dillington , Baronets ; sir Humphrey Bennet , sir John Leigh , sir Robert Mason , sir Thomas Higgons , sir John Dingley , sir Robert Worseley , sir Mundiford Brampston , sir Thomas Tompkins , Knights ; Richard Norton , Thomas Neale , Richard Goddard , Lawrence Hyde , Henry Wallop , John Button , Thomas Knollis , VVilliam Oglander , Robert Dillington , Tho. Jervice , John Richards , Charles West , VVill . Legg , Hen. Whitehead , Geo. Pit , Tho. Brook , Leonard Bilson , Francis Rolle , John Hooke , Tho. Cole , Philip Leigh , James May , Rich. Compton , Benj. Ruddiard , Giles Hungerford , Francis Rivet , Roger Gallop , Francis Tilney , Henry Bromfield , William Pit , Arthur Bold , VVilliam Collins , Edward Norton , Daniel Norton , VVilliam Wither , John Worseley senior , Edward Worseley , Edward Cooke , John Ball , Edward Hooper of Chilworth , Edward Hooper of Hurne-Court , Francis Dickins , John Stewkley , Bartholomew Price , Daniel Kingsmel , John Kingsmel , Henry Tulfe , Thomas Edmonds , Robert Oxenbridge , Robert Goffe , Richard Love , Gabriel Whistler , Thomas Newnham , John Dean , John Oglander , William Wall , Challoner Chute , Henry Kelsey , Henry Goddard , VVilliam Lisle , Andrew Wall , Richard Ailiffe , Edward Hyde , Anthony Yalden , Essex Pawlet , Stephen Fox , John Culpeper , Walter Slingsby , Alexander Culpeper , John Dingly , Esquires ; and Richard Rudyard Gent.

For the Town and County of Southampton , VVilliam Stanley , Robert Richbil , William Horne , Thomas Cornelius , James Clungeon , Henry Pit , George Steptoe , Esquires ;

For the City of Winchester , William Tayler , Richard Dennet , E●mund Fifeild , Benjamin Clarke , John Munday , John Colson , the Mayor of Winton , the Mayor of Southampton , the Mayor of Portsmouth , the Mayor of Newport , the Mayor of Basingstoke , the Bailiff of Andevor for the time being , John Bowreman , Thomas Legg , James Rice , Mores Read , Gent.

Suffolk . For the County of Suffolk , Sir Edward Turnor Knight , Speaker of the House of Commons , Walter Devereux Esquire , sir Edmond Bacon , sir Lyonel Tolemache , sir Henry Felton , sir Robert Kempe , sir William Spring , sir John Castleton , sir Henry Bacon , sir Henry North , sir Thomas Cullam , sir Gervace Elwies , sir Thomas Darcy , sir Robert Cordal , sir John Rous , sir Robert Brooke , sir Samuel Barnardiston , sir Philip Parker , Baronets ; sir William Playters , sir Henry VVood , sir Charles Gawdy , sir George Reeve , sir Edward Duke , sir VVilliam Doyly , sir Thomas Bernardiston , Knights and Baronets ; sir Dudley North , sir Nicholas Bacon and sir John Knivet , Knights of the Bath , sir Henry Crofts , sir Edmund Poley , sir John Duncomb , sir Robert Brooke , sir Thomas Harvy , sir George VVeneve , sir John Poley , sir Nevil Catlin , sir William Bloys , sir Thomas Smith , sir Philip Parker , sir Jeofrey Burwel , sir Philip Meadow , sir William Doyley and sir Edmund Barker , Knights ; John Havey , Thomas VValgrave , Thomas Holland , John Poley , Richard Cooke , Charles Stutteril , John Sicclemore , John Southby , William Gipps , Clement Heigham , Benjamin Cutler of the Chauntry , VVilliam Bloys , Henry VVarner , Thomas Stewart , Thomas VVright , Joseph Bland , John Playters , John Cole , Robert Mattyward , Hamond Claxton , Robert Style , Fitznoune Lambe , Henry Coppinger , Thomas Anis , Edward Feilder , Peregrine Doyley , Thomas Dade , Thomas Scrivener , Henry North , John Lambe , Edward North , William Acton , John Wentworth , Robert Butts , Thomas Butts , Francis Cheney , Robert Maniot , William Rivet , Robert Nanton , Gardner Web , Robert King , Charles Cornwallis , John Rivet , Thomas Golding , Edmund Plum , Edward Man junior , Edmund Clench , Richard Kirkeby , Thomas Tyril , Francis Theobald , William Beaumont , Michael Grigg , Thomas Leman , Reginald Williams , Thomas Vesey , Philip Howard , William Dawtry , William Gooch , Framlingham Gawdy , Ptolemy Tolemache , William Jermy , Henry Parker , Thomas Bacon , John Brame of Ash , Humphrey Bowen , John Bedingfield , Thomas Day , Miles Edgar , Samuel Kenidge , Edmund Shepheard , William Cullum , Edmund Gardner , Robert Browning , Henry Stebbing , John Brook , John Cornwallis , William Blomfield , Robert Gosnold , Wiseman Bokenham , John Thurston , Thomas Edgar , Tho. Allen Vice-Admiral , Rob. Wright , Esq The Mayor of Sudbury for the time being , Joh. Warner , William Byat , Gentlemen ; The Bailiffs of Dunwich for the time being . For the Borough of Ipswich , The Bailiff for the time being , Sir Emanuel Sorels Knight , William Bloys , John Sicklemore , Esquires ; Nicholas Phillips , John Robinson , John Smithier , Robert Clerke , Gilbert Lingfeild , Edward Man junior , Gentlemen . For the Borough of St. Edmonds-bury , The Aldermen for the time being , John Southeby Esquire , Recorder ; Sir Edmund Poley , Sir John Duncomb , Knights ; James Cob Esquire , Francis Brown , Robert Sharp , Stephen Cook , Samuel Hustler , Edward Bourn , Gentlemen . For the Borough of Aldborough , The Bailiff for the time being , Sir John Holland Baronet , Sir Robert Brooke Knight , William Shipman , Thomas Elliot , Richard Browne and John Burwood , Gentlemen . For the Borough of Orford , The Mayor for the time being , Walter Devereux Esquire , Sir Allen Broderick Knight , Joseph Hastings , Thomas Hastings , James Coppin , Edward Ewen , Edward Parker , Martin Folkes , John Harwel and Edward Johnson , Gentlemen .

Surrey . For the County of Surrey and Borough of Southwark , Charles Earl of Ancram of the Kingdom of Scotland , Francis Lord Angier of the Kingdom of Ireland , Sir Edward Nicholas Knight , one of His Majesties most Honourable Privy Council , Benjamin Weston Esquire , Sir Henry Capel Knight of the Bath , Sir Francis Vincent Knight and Baronet , Sir Walter St. Johns , Sir Adam Browne , Baronets ; Sir Thomas Trevor Knight and Baronet , Sir John Robinson Knight and Baronet , Lieutenant of the Tower , Sir Richard Brown Knight and Baronet , Sir William Moore , Sir John Eveling , Sir Marmaduke Gresham , Sir Richard Stydolph , Sir John Bromfield , Sir Abraham Cullen and Sir Thomas Hooke , Baronets ; Sir John Nicholas and Sir VVilliam Terringham , Knights of the Bath , Sir William Throckmorton Knight Marshal , Sir Ralph Freeman Knight , one of the Masters of Request , Sir John Lenthal , Sir Edmund Bowyer , Sir John Shaw , Sir Charles Howard , sir William Haward , sir George Ascough , sir Robert Long , sir Edward Wingfeild , sir Thomas Bloodworth , sir Daniel Harvy , sir Robert Parkhurst , sir Richard Hatton , sir Allen Broderick , sir Nicholas Carew , sir Edward Bishe , sir James Austin and sir William Turner , Knights ; Henry Hilyard , Arthur Onslow , George Chute , Roger James , John Scot , Edward Thurland , Christopher Buckle , Edward Evelin , Thomas Foster , Anthony Bower , Edward Nicholas , William Hoskins , George Evelyn , Richard Evelyn , VVilliam Elliot , Anthony Thomas , John Helinden , James Zouch , Henry Weston , Thomas Dalmahoy , George Smith , Dawes Wymondesold , John Dawes , George Browne , William Muschamp , John Thynne , George Moore , George Garth , Thomas Turges , Matthew Carleton , Roger Duncomb , George Duncombe , George Woodruffe , George Vernon , Henry Henn , George Duke , Edward Knipe , Jeofry Howland , Edward Barker , Samuel Rouse , John Hammond , John Thinne junior , James Gresham , Edward Eversfield , Harmon Atwood , Charles Good , Thomas Lee , Peter Hussey , Richard Heath , Vincent Randal , Nicholas Miller , John Parker , Thomas Rogers , Doctor Windebank , Laurence Marsh , George Turner , Theophilus Holman , Thomas Arden , Henry Byne , John Heather , Richard Syms , Ellis Crisp , Edward Smith , Edward Warcup and John Angel , Esquires ; John Jordan of Ditton , John Robinson , John Wight , William Streete , William Boothby , Peter Quinnel senior , Iohn Jones , VVilliam Westbrooke , Richard VVest , Caleb Westbrook , The Mayor of Guilford for the time being , John Child , James Burton , Richard Lewyn , William Canon , John Wilkinson , Ottnel Meverel , William Lock , Iohn Neale , Simon Nicholas , Hugh Layton , Peter Delanoy , James Reading , Edward Ball , George Meggot , John Luntly , Jacob May , Thomas Butler , Thomas Morgaine , Tobias Solby and Benjamin Collier , Gentlemen .

Sussex . For the County of Sussex , Joscelyn Lord Percy , Son and Heir apparent to Algernon Earl of Northumberland , Thomas Leonard , John Pelham , sir William Culpeper , sir Cecil Bishop , sir John Covert , sir VVilliam Thomas , sir John Stapeley , sir John Fagg , sir Denny Ashburnham , sir Walter Henley , sir William VVilson , Baronets ; sir John Lewkener and sir William Morley , Knights of the Bath , sir Thomas Dyke , sir Edward Ford , sir John Morley , sir Thomas Woodcock , sir Thomas Nutt , sir George Courthop , sir Henry Peckham , sir Henry Onslow and sir William Craven , Knights ; George Parker , George Nevil , Thomas Sackvil , Henry Goring , Percy Goring , VVilliam Garway , Iohn May , Herbert Morley , John Eversfeild junior , Nisel Rivers , Anthony Shurley , John dela Chambers , Charles Bret , John Peckham , John Garway , Samuel Gott , Edward Polhill , Roger Showswell , Robert Anderson , John Forrington , Brewen Bichley , Edward Morley , Allen Carr , Richard Bridges , Peter Courthop , Edward Keeling , Henry Shelley , Benjamin Culpeper , Henry Bill , VVilliam Spence , Edward May , Mr. Simon Smith , Alexander Jermin of Luddington , Robert Fowle , Thomas Collings , Walter Everden , William Dyke , Sackvil Graves , Nicholas Gildridge , Thomas Foster , Henry Chown , Edward Payne , Henry Bish , Edward Michelburn , Philip Packer , John Steward , John Baker of Withiam , William Gratwick , Richard Shepherd , Stephen French and Thomas Henshaw junior of Billingh●rst , Esquires ; Richard May , Abraham Chapman , Thomas Palmer , Richard Cooper , Thomas Bebsworth , Matthew Young , Thomas Levit , Richard Young Alderman , John Luxford of Ocley , Ambrose Trayton , Henry Shelley , William Lane , William Vinal , John Oliver , Thomas Peckham , John Fuller of VValdron , Robert Pickering , John Baker junior , John Hay of Glindborn , Roger Bish , Robert Palmer , Francis Gratwick , William Palmer , Richard Nash , William Westbrook , Christopher Coles , John Munck , Thomas Barnard , Thomas Payne , John Payne , Arthur Lovet , Thomas Bromfeild senior , Richard Alchorn , Thomas Bromfeild junior , Bray Chown , Anthony Eversfeild , Edward Chowney , John Gratwich of Eatons , Joseph Newington , John Dive , William Hartridge , Alexander Stapeley , Robert Brooke senior , Gentlemen . The respective Mayors of Chichester , Arundel , Hasting , Rye and Winchelsey for the time being ; The Bailiffs of Seaford and Davensey for the time being ; Thomas Middleton Gent. John King and Henry King , Esquires .

Warwick . For the County of Warwick , Sir Francis Compton Knight , Foulk Grevil , Charles Leigh , Esquires ; Sir Robert Holt , Sir Richard Temple , Sir Henry Puckering alias Newton , Sir Edward Boughton , Sir Roger Burgoyne , Sir John Knightley , Sir Clement Fisher , Sir Herbert Price , Sir Thomas Norton , Baronets ; Sir William Bromley , Sir Stephen Hales , Knights of the Bath ; Sir George Devereux , Sir Francis Willoughby , Sir Charles Adderley , Sir Charles Lee , Sir William Palmer , Sir Arthur Caley , Sir VVilliam Underhil , Sir Comb Wagstaffe , Sir Richard Hopkins , Sir Richard Bishop Sergeant at Arms , Knights ; Amos Walrond , Walter Chetwin senior , VVilliam Booth of Witton , John Bridgeman , John Ferrers , Richard Lucy , Thomas Archer , Clement Throckmorton , VVilliam Somervile , Francis Willoughby , Seabright Rippington , VVilliam Dilkes , Havey Bagot , George Fielding , Richard Newdigate Serjeant at Law , Thomas Flint , Thomas Temple , Thomas Boughton , John Rous , VVilliam Purifoy , John Clopton , Henry Ferrers , Charles Newsham , John Lisle of Moxal , Richard Verney of Kingston , Charles Bentley , Giles Palmer , Nicholas Overby , Edward Underhill , Thomas Marriot , Humphrey Jennings , Thomas Corbin , John Fetherston , George Sacheverel , James Prescut , Thomas Rawlins of Stratford , Esquires ; The Mayor of Warwick for the time being , The Mayor of Stratford for the time being , The Bayliffs of Tamworth for the time being .

Coventry . For the City and County of the City of Coventry , The Mayor for the time being , Sir Thomas Norton Baronet , Sir Clement Fisher , Sir Arthur Caley , Sir Richard Hopkins , Sir Charles Adderley , Knights ; Thomas Flint , Edmund Palmer , Esquires ; Henry Smith , Matthew Smith , Julius Billers , Aldermen ; Humphrey Burton Coroner .

Worcester . For the County of Worcester , Sir John Packington , Sir William Russel , Sir Henry Littleton , Sir Edward Seabright , Sir William Kyte , Sir Thomas Rouse , Baronets ; Sir Ralph Clare Knight of the Bath , Sir Henry Herbert , Sir Rowland Berkley , Sir John Talbot , Sir John Windford , Knights ; Colonel Samuel Sandys , Samuel Sandys junior , William Sandys , Sharington Talbot , Tho. Savage , Edward Pitts , Francis Russel , Francis Finck , Edward Carey , Joseph Welch , VVilliam Wasborn , Thomas Child , Henry Townshend , Thomas Wild , John Nanfan , Thomas Street , Henry Parker , Leonard Simpson , Theophilus Andrews , Richard Dowdeswel , Henry Bromley of Upton , William Mucklo , Littleton Clent , Edward Bushel , Richard Vernon , Charles Cornwallis , Walter Savage , Thomas Jolliffe , Thomas Symmons , Humphrey Littleton , Thomas Foley , Philip Parsons , Anth. Crump , William Baldwin , Henry Evett , William Hancock , John Charlet , Thomas Watson of Bengworth , Henry Spiller , VVilliam Ligon , Henry Bromley of Holt , Edward Dingly , Henry Jefferies , Broom Whorwood , Philip Brace , Francis Sheldon , John Bearcroft , Bridges Nanfan , Esquires ; The Mayor of Evesham for the time being , The Bailiffs of Droitwich for the time being , The Bailiffs of Bewdly for the time being , John Barnaby of Bockleton Esquire .

Worcester City . For the City and County of the City of Worcester , The Mayor , Aldermen and Sheriff for the time being , Sir John Packington Baronet , sir Rowland Berkley Knight , sir William Moreton Knight , one of his Majesties Sergeants at Law , Thomas Hall , Thomas Street , Thomas Wild , Tho. Vernon , Thomas Harris , Esquires ; Humphrey Wildy , Richard Beddoes , Thomas Harrison , Wintour Harris , John Bearcroft , Francis Hughes , Humphry Tirer Gent.

Wilts. For the County of Wilts , Henry Lord Herbert , Son and Heir apparent to Edward Marquess of Worcester , the Lord John Seymour , VVilliam Lord Herbert of Cardiffe , Son and Heir apparent to Philip Earl of Pembrooke and Mountgomery , Henry Viscount Cornbury Son and Heir apparent to Edward Earl of Clarendon Lord Chancellor of England , Sir Edward Nicholas Knight , one of His Majesties most Honourable Privy Council , Sir Robert Hyde Knight , Chief Iustice of the Kings-Bench , Edward Howard , Philip Howard , Esquires ; Sir Walter St. John , Sir Seymour Pile , Sir George Grubham-How , Sir Walter Ernle , Sir Giles Tooker , Baronets ; Sir John Coventry , Sir John Nicholas , Sir Edward Hungerford , Sir Edward Baynton , Knights of the Bath , Sir Wadham Windham Knight , one of the Iustices of the Kings Bench , Sir Iames Thynne , Sir John Eveline , Sir Iohn Talbot , Sir Edward Pool , Sir George Hungerford , Sir John Weld , Sir John Low , Sir Tho. Escourt , Sir Henry Coker , Sir Tho. Ivy , Sir William Cawley , Sir Tho. Mompesson , Sir John Ernle , Sir VVilliam Eyre , Knights ; Alexander Popham , Edward Seymour , Richard Gr●bham-How , Robert Phillips , Francis Wroughton , John Pleyddal , William Glanvile , Henry Clarke , William Jordan , John Hall , Esquires ; John Morton Baronet , Richard Lewis , George Ailiffe , Edward Nicholas , Edward Hungerford , Edw. Hyde , Ralph Freak , Wil. Pawlet , Wil. Ducket , Tho. Mompesson , William Broncker , Walter Backland , Henry Hungerford , Henry Baynton , Walter Long , George Bond , Gilbert Rawleigh , Edmund Warneford , Richard Harrison , Richard Aldworth , Alex. Thislethwart junior , William York , Stephen Fox , Edward Goddard of Standen , Thomas Bennet of Salthrop , James Long , Thomas Wancklin , Jeoffrey Danyel , John Collins , John Kent , Thomas Gore , VVilliam Willoughby , John Foyle , John Norden , Henry Long , James Ash , Edward Topp , Thomas Hawles , Joseph Stockman , Giles Eyre , Joseph Eyre , Samuel Eyre , Iohn Long , Iohn Bowles , Richard Bowles , William Kent , Edward Manning , William Swanton , Thomas Lambert , Thomas Pile , Robert Chaundler , Thomas Hungerford , VVilliam Bowles , John Eyre , Richard Southby , Seymour Bowman , Richard Escourt , Rowland Plott , Edward Goddard of Ogbourn , John Danvers , John Glanvile , Henry Wallis , Doctor Hierst , John Escourt , Benjamin Gifford , Nevil Masculine , Oliver Nicholas , Edmund Webb , Isaac Burgis , Richard Long , John Mompesson , Henry Trenchard , Symon Spatchurst , Richard Davy , George Ivy , Samuel Ash , John Davenant , John Bennet , Robert Challoner , William Sadler , Robert Hippesly , Ephraim Westley , Matth. Bennet , Richard Green , Humph. Hyde , Edm. Ansley , Christ . Gardiner , _____ Crouch , Thomas Hunt , Thomas Chaffin , Ferrers Gresley , George Parrey , Thomas Clarke , Henry Clarke junior , Anthony Trotman , John Ellet , Walter Dowse , John Duke junior , William Cusse , John Young , Walter Sharpe , George Sadler , Thomas Escourt , Thomas Gape , William Levet , Christ . Willoughby , John Fitz-Herbert , Esquires ; the Mayor of Wilton for the time being .

New-Sarum . For the City of New-Sarum , Sir Robert Hyde Knight , Chief Iustice of the Kings Bench , Sir Wadham Windham Knight , one of the Iustices of the Kings Bench , the Mayor for the time being , Richard Coleman Recorder , William Joyce , Thomas Oviate , Morrice Green , Thomas Williams , Edward Edmonds , Thomas Gardiner , Thomas Cutler , James Harwood , Thomas Ray Aldermen , Sir John Low , Sir Thomas Mompesson , Knights ; Thomas Hawles , William Swanton , Richard Davy , John Holt , Thomas Chaffin , Thomas Dorrel , Stephen Fox , Seymour Bowman , Symon Spatchurst , Francis Sambrooke , Nicholas Johnson and Giles Clutterbook , Esquires .

Westmerland . For the County of Westmerland , Sir Philip Musgrave , Sir VVilliam Dalston , Sir Richard Sandford , Sir John Lowther senior , Sir John Lowther junior , Baronets ; Sir Thomas Strickland , Sir George Dalston , Knights ; Richard Musgrave , John Lowther , Allen Bellingham , John Dalston , James Ducket , Daniel Fleming , Richard Brathwayte , Robert Hilton , Tho. Brathwayte , John Otway , Nicholas Fisher , Edward Nevison , Lancelot Machel , Thomas Gabetas , Nathaniel West , Edward Wilson , Esq the Mayor of Appleby for the time being , the Mayor of Kendal for the time being .

York . For the West - Riding of the County of York , George Viscount Castleton of the Kingdom of Ireland , Henry Viscount Irwin of the Kingdom of Scotland , Thomas Lord Fairfax of the Kingdom of Scotland , Sir Francis Fane , VVilliam Earl of Dumfreeze in the Kingdom of Scotland , Knight of the Bath , Conyers Darcy Esquire , sir Francis Wortley , sir George Savil , sir Thomas Osborne , sir John Goodrick , sir Richard Maleverer , sir John Rersby , sir John Key , sir John Armitage , sir VVilliam Ingleby , sir Solomon Swaile , sir VVilliam Rokesby , sir Godfrey Copley , sir George Wynn , sir Gervas Cutler , sir John Jackson , sir John Lewis , sir Thomas Slingsby , sir George Cook , Baronets ; sir Tho. Wharton , sir Francis Fane junior , Knights of the Bath ; sir Richard Tankred , sir Jordan Crossand , sir Thomas Beaumond , sir Thomas Wentworth , sir John Dawney , sir Miles Stapleton , sir William Lowther , sir Francis Goodrick , sir Edmund Jenings , sir William Ingram , sir Christopher Clapham , sir Ralph Knight , sir Thomas Yarborough , Knights ; Richard Hutton , Thomas Danby , Walter Hawkesworth , Henry Arthington , Welbury Norton , Charles Tancred , Ambrose Pudsey , Francis Rockley , Robert Wirvel , Walter Strickland , Anthony Adeyre , Francis Nevil , VValter Calverley , Henry Eyre Doctor of Physick , Iohn Wentworth of Ellinshel , John Savile of Heathly , Henry Goodrick , John Wentworth of VVolly , Bradwardin Tindal , John Vincent , John Richard , William Lowther , Iohn Bilby , Richard VVashington , Richard Mountney , VVilliam Hammond , William Adams , Thomas Yarborough , VValter Lister , VVilliam Drake , Inglebert Leeds , Cuthbert VVade , Robert Harrison , James Moseley , John Stanhop , Nicholas Stable , Benjamin Norcliffe , Roger Portington , Edward Lewis , John Thornhil , William VVomble , Thomas Stringer , Henry Atkinson , Francis VVhite , Will . Spencer of Attercliffe , William Godfrey , Thomas Lister of Maningham , Thomas Lister of Bawtree , Thomas Haber , John Ottway , John Major , Thomas Staveley , Doyley Gower , Thomas Fawkes Esquires ; Henry Cook , Thomas Edmonds , Jonathan Jenings , John Atkinson , John Preston , William Witham , Benjamin Wade , John Dodsworth , William Roundel , George Clarke , Jervas Bosvile , Thomas Gill , Richard Graham , Gentlemen ; the Mayor of Rippon , the Mayor of Doncaster , the Mayor of Pontefract , the Mayor of Leeds for the time being , Robert Walters of Owsbourn , George Fothergil , Esquires .

For the North-Riding , Charles Lord St. John of Basing , Son and Heir apparent to John Marquess of Winchester , Coniers Darcy Esquire , sir Henry Bellasis , Henry Darcy , James Darcy , Esqs sir Christopher Wivel , sir Thomas Gower , sir John Goodrick , sir Metcalf Robinson , sir Solom . Swail , sir Henry Stapleton , sir David Fowles , sir John Lowther , sir John Napier , sir Roger Langley , sir William Caley , sir George Marwood , sir Richard Graham , sir William Frankland , sir Christ . Wandesford , Baronets ; sir Robert Strickland , sir Richard Tancred , sir Thomas Strickland , sir Jordan Crossland , sir William Dalton , sir John Dawney , sir James Pennyman , sir Thomas Ingram Chancellor of the Dutchy , sir Henry Cholmley , sir Thomas Hebblethwaite , sir Joseph Craddock , sir Henry Franckland , sir William Craven , Knights ; William Wivel , Edward Gower , Henry Marwood , James Medcalfe , Matth. Hutton , Robert Layton , William Caley , John How , Thomas Danby , Walter Strickland , John Beverley , Thomas Rookeby , James Moyser , John Calverley , Edward Croft , Thomas Robinson , VVilliam Weddil , John Tourner , Isaac Fairfax , John Wivel of Osgerby , Humphrey Wharton , Charles Bellasis , Edward Hutchinson of Wickham , Reynold Graham , Major Norton , Henry Bethel , Roger Talbot , Charles Tanckred , Thomas Jackson , Henry Harrison , William Feilding , VVilliam Robinson , Edward Trotter , Robert Belt , Thomas Hutton , James Morley , Thomas Hassel , Timothy Maleverer , Capt. Leonard Robinson , John Dodsworth , William Thompson , Thomas Wickham , Anthony Lowther , Thomas Norton , VVilliam Metcalfe , Henry Blackson , Walter Lister , John Gibson , Charles Allanson , Edward Gower , William Gower , John Coltson , Esquires ; James Moore , George Norton , Francis Driffeild , John Smith , Thomas Waite , William Spinke , Allan Chamber , John Hill of Thorndon , John Earnley , Ralph Jackson of Lazenby junior , Christ . Keld , Henry Crosseland , VVilliam Lampley , William Truman , Francis Cumin , Robert Bushel , Richard Harland , Major Redman , Gentlemen ; the Aldermen of Richmond and the Bailiffs of Scarborough for the time being .

For the East-Riding , Sir Francis Cob Knight , High Sheriff of the County , Charles Lord Viscount Dungarven in the Kingdom of Ireland , Sir John Hotham , sir Francis Boynton , sir Robert Hilyard , sir John Bucke , sir Watkinson Paler , sir Thomas Rudston , sir John Ledgerd , Baronets ; sir Tho. Nortliffe , sir Philip Mountaine , sir Thomas Daniel , sir Matthew Appleyard , sir Thomas Renington , sir Hugh Bethel , sir Thomas Heblethwait , sir William Cob , Knights ; Tobias Jenkins , Michael Wharton , Robert Bucke , Thomas Grantham , Durand Hotham , Hugh Lister , John Constable , John Lister , Henry Sandys , Henry Holmes , Christopher Hillyard , Walter Bethel , George Mountain , John Vavasor , Jonathan Atkins , Ralph Warton , William Osbaldston , VVilliam Grimstone , Robert Sotheby , Richard Robinson , Thomas Cr●mpton , Samford Nevil , William Gee , Richard Ledgeard , William Baynton , Stephen Thompson , Richard Thompson , Henry Hillyard , James Moyser , Edward Bernard , Thomas Hesket , Gregory Creyke , William Harpham , Thomas Anlaby , Alexander Rokeby , Henry Hillyard , John Stapleton , Henry Portington , Philip Saltmarsh , John Acraid , Esquires ; Thomas Swan , Leonard Robinson , VVilliam Blount , John Pierson , Lewis Lewins , Francis Bushel , Robert Constable , John Belton , William Dobson , William Thompson , Ralph Higden , Richard Graham , Thomas Sytheron , Christopher Baukins , Gentlemen ; the Mayor of Hedon and the Mayor of Beverly for the time being .

York City . For the City of York and the County of the same , Edward Elwicke Lord Mayor , Thomas Lord Fairefax of the Kingdom of Scotland , Sir Metcalfe Robinson , Sir Thomas Osburne , Sir Roger Langley , Sir Iohn Goodrick , Sir George Rive , Sir Thomas Slingsby Baronet , Sir Iohn Lewis Knight and Baronet , Sir Miles Stapleton Knight , James Brooke , Christopher Topham , George Lamplough , George Mancklyns , Richard Hewett , Henry Thompson , Cressey Bournet , Christopher Brery , Henry Tyreman , John Tayler , James Bawtry , Aldermen , Edward Gale , John Beares , Leonard Thompson , Joseph Scot , John Turner , Tobias Jenkins , Iames Moiser , William Fairefax , Thomas Robinson , Thomas Hutton , Henry Fairefax , Esquires ; John Swale , Doctor Burwell , Master Etherington , Philip Prince , VVilliam Roundle , Thomas Hesketh , George Aisleby , Philip Harbert , Master Snauesdale , Richard Tennant , William Richardson , Richard Rawlinson , Francis Price , John Loftus , John Thompson , George Mangie , Francis Chatterton , Thomas Setterthwaite , Thomas Fairefax , Gentlemen .

Kingston upon Hull . For the Town of Kingston upon Hull , the Mayor for the time being , Anthony Gilby , Andrew Marvel , Esquires ; William Dobson , Robert Ripley , Robert Berriar , William Foxley , VVilliam Ramsden , Christopher Richardson , George Crowle , Richard Robinson , Richard Wilson , William Skinner , Robert Bloome , Richard Francke , Aldermen ; Hugh Lister Esquire , the Sheriffs for the time being .

WALES . Anglesey .

For the County of Anglesey , Robert Lord Viscount Bulkeley of the Kingdom of Ireland , Mark Lord Viscount Duncanon , Thomas Bulkeley Esquire , Sir Hugh Owen Knight and Baronet , Nicholas Bagenal , Thomas Woods , Peirce Lloyd senior , Rowland Bulkeley , William Bold , John Robinson , Griffith Jones of Trevarthin , Hugh Owen , Peirce Lloyd junior , Richard Merich , John Lloyd of Llandegnan , Iohn Griffith of Llanvaythly , Iohn Wynne of Bodewrid , William Bulkely-Brunddy , John Prytherch of Llysdelas , Rowland White , Richard Owen , Hugh Hughes , John Owen of Llanvaythly , Esquires ; John Owen of Penrhose , Conisby William , Owen Hughes , Henry Jones , Henry Davies , William Williams of Tre-Arthur , VVilliam Lewis , Griffith Lloyd of Treaseth , Edward Price Bodower , Edward Price Trevadog , Howel Lewis , Owen Lloyd of Henbles , John Williams Bodurdin , John Owen Treveilir , Richard Wynne of Penhgkyn , William Hampton , VVilliam VVynne of Langold , Gentlemen ; the Mayor of Bewmorris for the time being .

Brecon . For the County of Brecon , Henry Lord Herbert of Ragland , son and heir apparent to Edward Marquess of Worcester , sir Richard Lloyd Knight , Arthur Trevor Esquire , Edward Progers Esquire of his Majesties Bedchamber , sir William Lewis , sir Henry VVilliams , sir Herbert Price , Baronets ; William Morgan of Therow Esquire , sir John Herbert Knight , George Gwynne , Milburn Williams , John Jefferies , Lewis Morgan Attorney-General there , Thomas Lewis , VValter Williams , John Stedman , Hugh Powel , William Morgan of Newton , VValter Vaughan , Thomas VVilliams , Edward Powel , James Watkins , Henry Stedman , Meredith Lewis , Thomas Bowen , Esquires ; Lewis Gunter , James Williams , William Lloyd of VVernos , Edward Herbert , John Morgan , Daniel VVinter , VVilliam Saunders , Gentlemen ; the Bailiff of Brecon for the time being .

Cardigan . For the County of Cardigan , Sir Richard Price Baronet , sir Francis Lloyd Knight , James Lewis senior , John Vaughan , James Stedman , Henry Vaughan , John Jones , James Lewis junior , Edward Vaughan , Erasmus Lloyd , Morgan Herbert , Richard Herbert , Reignald Jenkins , David Lloyd , Hector Phillips , John Lewis , Thomas Jenkins , Esquires ; David Evans , Thomas Lloyd of Pus , Abel Griffin , Gentlemen .

Carmarthen . For the County of Carmarthen , Francis Lord Vaughan , son and heir apparent to Richard Earl of Carbury in the Kingdom of Ireland , sir John Vaughan Knight of the Bath , sir VVilliam Moreton one of his Majesties Sergeants at Law , Simon Deg Esquire , sir Edward Mansell , sir Rice Rudd , sir VVilliam Russel , Baronets ; sir Henry Vaughan Knight , VValter Rice , John Vaughan of Llannelly , Nicholas VVilliams , VVilliam Gwynne of Talliaris , John Vaughan of Dertlis , Henry Middleton , James Jones , Penry Vaughan , John Vaughan of VVhitehouse junior , Morgan Jones , Philip Vaughan , Thomas Lloyd of Berllan-dowel , Thomas Lloyd of Dan-per-Alt , Owen Brickstock , Thomas Lloyd of Llanlonthog , John Powel junior , Esquires .

Town of Carmarthen . For the Town of Carmarthen , the Mayor for the time being , Francis Lord Vaughan , son and heir apparent to Richard Earl of Carbury in the Kingdom of Ireland , sir John Vaughan Knight of the Bath , sir Henry Vaughan Knight , John Vaughan of Llannelly , John Vaughan of Dertlis , Walter Vaughan , Esquires ; Thomas Rynon , Anthony Jones , Thomas Jones , Dawkins Goffe , Lewis Jones , John Oakeley , Aldermen .

Carnarvan . For the County of Carnarvan , Robert Lord Viscount Bulkley of the Kingdom of Ireland , Robert Roberts , Thomas Bulkley , Esquires ; sir Richard Wynne , sir Griffith Williams , sir Roger Mostin , sir Robert Williams , Baronets ; sir John Owen , sir Richard Lloyd , Nicholas Bagnal , Griffith Jones , VVilliam Griffith , VVitham Vaughan , Owen Griffith , John Bodurda , Maurice VVynne , Hugh Wynne , Thomas Wynne , VVilliam Wynne of Llanruda , Hugh Williams , William Buckley , Griffith Bodurda , Edmund Glyn , John Wynne-Berthaur , Timothy Littleton Sergeant at Law , John Jones , John Wynne of Twgyn , William Wynne of Glangranon , Richard Anwill , John Glynn , Thomas Glynn , Richard Glynn , Richard Thomas , John Williams , Thomas Vaughan , William Hookes , Richard Griffith , Owen Wynne of Glasgoed , Richard Kiffin , John Lloyd , Robert Coetmor , John Wynn of Melay , Esquires ; John Wynne of Berthanur , Jeffery Williams , John Wynne of Pennarth , Herbert Griffith , John Hookes , William Wynne of Pengwerne , William Williams , Hugh Bodurda , Owen Wynne , William Spicer , William Thomas of Carnarvan , Edward Peirce , Richard Ellis , John Jones of Trevan , Robert Wynne of Keselgovarch , Gentlemen .

Denbigh . For the County of Denbigh , John Carter Knight , High Sheriff , Sir Thomas Middleton , sir Richard Wynne , sir John Salisbury , sir Thomas Powel , sir VVilliam Meredith , Baronets ; sir Thomas Trevor , Knight and Baronet , sir Richard Lloyd , sir Edward Broughton , sir Robert Agbrow , sir John Wynne , Knights ; Roger Puleston , John Trevor of Trevalin , VVilliam Owen , William Salisbury , Hugh Wynne , John Wynne , Mutton Davies , Robert Wynne of Voylas , Thomas Jones , Edward Thelwal , William Price , Kenrick Eyton , Thomas Vaughan , Charles Salisbury , John Robinson , Col. Robert Broughton , Bevis Lloyd , John Thelwal , John Edisbury , Charles Middleton , Foulke Middleton , Timothy Middleton , Eubal Thelwal , John Jefferies , Richard Middleton of Llanclin , Robert Price of Geeler , Edward Brereton , Watkin Kiffin , Owen Thelwal , John Trevor of Brinkinnalt , Gabriel Goodman , Humphrey Hughes of Brintanger , David Morris , Richard Wynne of Garthkanan , John Llangford , VVilliam Parry , Charles Goodman , John Puleston , Will . Williams , John Lloyd of Bodidrist , Hugh Roberts , Francis Manley , John Lloyd of Llanvnis , Hugh Lloyd of Foxal , Esquires ; William Jones , John Salisbury of Lewesog , Humphrey Lloyd of Berse , Robert Wynne of Garthewynn , Howel Lloyd , James Thelwell , Robert Griffith of Pendared , John Koydlywrich , Captain Thomas Yale , John Williams of Caredrynydd , Owen Price of Nantmauze , Robert Wynne of Llwyn , Maurice VVilliams of Llanverras , Edward Lloyd of Placemado , Thomas Lloyd of Bersey , Ellis Lloyd of Eglewisig , the two Aldermen of Denbigh , John Hughes , Thomas Matthews , John Jones , Thomas Shaw senior , Robert Salisbury , Gentlemen .

Flint . For the County of Flint , Sir Thomas Hanmer , sir John Salisbury , sir Henry Conway , sir Roger Mostin , Baronets ; sir John Trevor , sir John Glyn , sir John Hanmer , Knights ; John Trevor , Thomas Ravenscroft , Roger Puleston , Robert Davies , Thomas Lloyd , William Hanmer , Roger Whitley , Mutton Davis , William Mostin , John Parry , Robert Whitley , Andrew Ellis Evan Edwards , David Penant , John Eyton , Richard Griffith , Edward Lloyd , Ellis Young , Edward Lloyd , John Broughton , Thomas Humphreys , John Salisbury senior , John Middleton , Thomas Crackley , Eubule Hughes , Charles Jones , Owen Barton , John Lloyd of Fawne , Thomas Mostin , Hugh Penant .

Glamorgan . For the County of Glamorgan , Henry Lord Herbert of Ragland , Son and heir apparent to Edward Marquess of Worcester , William Lord Herbert of Cardiffe , sir Richard Lloyd Knight , Arthur Trevor Esquire , sir Edward Mansel , sir Edward Stradling , sir Edward Thomas , Baronets ; sir John Awbry Knight and Baronet , sir VVilliam Lewis , sir Thomas Lewis , sir Richard Basset , Knights ; John Greenuff , Evan Seys Sergeant at Law , William Basset Doctor of Laws , Robert Thomas , Miles Button , Thomas Lewis , William Basset of Bewpre , William Herbert of Swansey , Edmond Thomas , Bussy Mansel , Herbert Evans , Thomas Matthew , Humphrey Windham , David Jenkins , Gabriel Lewis , William Thomas , Thomas Stradling , Thomas Carne , John Van , John Gibbs , Tho. Thomas , David Matthew , Lamerock Stradling , Thomas Evans , Edmond Gammage , Richard Loughers , VVilliam Herbert of Killy-Bebel , John Carne , Henry Basset , Edward Herbert of Cogan , David Evans , John Lewellin .

Merioneth . For the County of Merioneth , Maurice VVilliams Esquire , High Sheriff , sir Richard Wynne Baronet , sir John Owen , sir Richard Lloyd , sir John Wynne , Knights ; William Salisbury , VVilliam Price , William Vaughan of Corseggedal , Lewis Lloyd , Howel Vaughan , Maurice Wynne , Vincent Corbet , John Pugh , John Lloyd , Hugh Nanney , Robert Wynne , Roger Mostin , Richard Wynne , Griffith Lloyd , Lewis Owen , William Vaughan of Caithle , Iohn Nanney , Edmond Meirick , Humphrey Hughes , Ioh. Vaughan , Rowland Vaughan , Rich. Anwil , Ellis Edwards , VVill . Tueir , Ioh. Morgans , Esq Iohn Owen of Hanwooddowilth , Rich. Jones , Anthony Poole , Griffith-Iohn Lewis , Richard Nanney , Gent. Henry Wynne , Morrice Williams , Esquires ; Evan Lloyd of Rhiwgech , Richard Lloyd of Carrog , Gentlemen .

Montgomery . For the County of Montgomery , sir Iohn Witterong High Sheriff , sir Henry Herbert , Edward Herbert , Andrew Newport , Esquires ; sir Matthew Price , sir Richard Corbet , Baronets ; sir Edward Lloyd Knight , Iohn Pursell , Richard Herbert , Richard Owen , Robert Layton , John Blayney , John Pugh , Francis Buller , Charles Salisbury , Edmond Waring , John Price of Parke , Roger Mostin , Matthew Morgan , William Penrid junior , Thomas Maurice , Edward Glyn of Glin , Edward Evans of Rhidicorrow , John Whitingham , David Powel , Thomas Juckes , John Mathews the elder , John Mathews the younger , Edward Edwards of Collfrin , John Bladwell , Tho. Winde , Tho. Corbet , Robert Lee , Tho. Jones , Henry Pursell , Vincent Peirce , VVilliam Eyton , Richard Mitton , John Kiffin , Francis Fitzherbert , Edward Price of Glanmahely , Robert Griffiths , Arthur Wevor , William Browne , Edward Herbert , Esquires ; Evan Vaughan , Llodowick Lewis , Iohn Bright of Mellington , Meredith Lloyd of Brynellen , Iohn Oakley , Rowland Oakley , Edward Wittingham , Samuel Biggs , Humphrey Nicholas , Iohn Lloyd of Coney , Hugh Davyes of Trewilan , Ellis Lloyd , Iohn Bunner , Henry Griffiths of Benthall , Morgan Evans , Gentlemen .

Haverford West . For the Town and County of Haverford West , The Mayor for the time being , Sir William Moreton Knight , One of His Majesties Serjeants at Law , Sir John Stepney Baronet , Sir Hugh Owen Knight and Baronet , Rowland Laughorne , William Philips , Richard Walter , George Haward , Thomas Cozens , Esquires ; VVilliam Williams , Henry Bowen , Lewis Barron , John Williams , William Brown , Aldermen , William Davies , Esquire , John Barlow , John Thomas , Matthew Prynn , William Williams junior , John Lloyd , Richard Jones , Gabriel Wade Gentlemen .

Pembrook . For the County of Pembrook , Sir William Moreton Knight , one of His Majesties Sergeants at Law ; Sir Erasmus Philipps , Sir John Stepney , Baronets ; Sir Hugh Owen , Sir John Lort Knights and Baronets , Sir Harbert Perrott Knight , Griffith Dawes , Arthur Owen , Essex Megrick , Rowland Laughorne , Hugh Owen , Lewis Barlow , Hugh Bowen , Henry White , William Philipps , Walter Cuny , James Bowen , Isaac Lloyd , George Haward , William Scouerfield , William Mordant , Thomas Corbert , David Morgan , James Lloyd , George Owen , Esquires , Thomas Warren , Thomas Powell , Hugh Laughorne , Thomas Owen , John Matthias , John Laughorne , Thomas Wogan , John Lort , William Owen of Camdog , Thomas Lloyd , John Thomas .

Town of Pembrook . For the Town of Pembrook , The Mayor for the time being , Matthew Bowen , Richard Browne , Gentlemen .

Town of Tenby . For the Town of Tenby , The Mayor for the time being , Richard Wyat , Rice Barrow , David Palmer , Gentlemen .

Radnor . For the County of Radnor , Sir Richard Lloyd Knight , Arthur Trevor Esquire ; Sir Henry Williams , Baronet , Sir Edward Harley , Knight of the Bath , Sir Robert Harley Knight , George Gwyn , Richard Fowler , James Price , Thomas Corbet , Henry Williams , Lewis Morgan , John Wallcott , Thomas Harley , Samuel Powell , Nicholas Tayler , Evan Davies , Andrew Philipps , Charles Lewis , Henry Probert , Herbert Weston , James Beck One of His Majesties Sergeants at Arms , Henry Stedman , Griffith Jones , Hugh Powell , Richard Meredith , Thomas Ecleston , Robert Cutler , Esquires , Francis Rickards , John Rickards , Rowland Higgins , Gentlemen ; The Bailiff of New-Radnor for the time being , Marmaduke Bull , Gentleman .

And be it further Enacted and Declared , That the several Commissioners aforesaid shall méet together at the most usual and common place of meeting within each of the said Counties , How the Commissioners shall meet and divide themselves . Cities , Boroughs , Towns and Places respectively , on or before the tenth day of March now next ensuing ; And the said Commissioners , or so many of them as shall be present at the said first General Meeting , or the Major part of them , are hereby authorized and required to put this present Act in execution , according to the best of their Iudgments and Discretions ; and shall then , if they see cause , subdivide and distribute themselves so into lesser numbers , as two or more of the said Commissioners may be appointed for the service of each Hundred , or other Division ; and as may best conduce to the carrying on of His Majesties service hereby required .

And for the more effectual performance thereof , Be it Enacted and Declared , Their power within the several Divisions and Hundreds . That the Commissioners at their foresaid first General Meeting , or the Major part of them , shall agrée and set down in writing who and what number of the said Commissioners shall act in each of the said Divisions or Hundreds ; To the end that there be no failer in any part of the due execution of the service by this Act required .

And be it Enacted and Declared by the Authority aforesaid , That the Commissioners within the several Divisions or Hundreds , or any two or more of them , are hereby authorised and required to cause the said several Proportions charged on the respective Divisions , and on every Parish and Place therein , for the said thrée years Assessment , to be equally assessed and taxed ; And to appoint two or more Assessors in each Parish or Place for the perfecting thereof , who are hereby required with all care and diligence to assess the same equally by a Pound-rate upon all Lands , Tenements , Hereditaments , Annuities , Rents , Parks , Warrens , Goods , Chattels , Stock , Merchandize , Offices , other then Iudicial and Military Offices , and Offices relating to the Navy , under the Command of the Lord High Admiral , and Offices within His Majesties Houshold , Tolls , Profits , and all other Estates both Real and Personal , within the Limits , Circuits and Bounds of their respective Parishes and Places .

And be it further Enacted by the Authority aforesaid , 2064●8 l. ●6 s. 08 d. the first three moneths payment , how to be paid . That the sum of Two hundred and six thousand four hundred fifty and eight pounds six shillings eight pence , being the first of the said twelve quarterly Payments hereby imposed , shall be assessed , collected , levied and paid in to the Receiver-General of the said several Counties , who shall be appointed by His Majesty ; And who are hereby required to transmit , or cause the same to be paid into His Majesties Receipt of His Exchequer , on or before the first day of May in the year of our Lord , One thousand six hundred sixty and five . The second payment . And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence , being the second of the said quarterly Payments , on or before the first day of August , in the year of our Lord One thousand six hundred sixty five . The third payment . And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings and eight pence , being the third of the said quarterly Payments , on or before the first day of November , in the year of our Lord One thousand six hundred sixty five . And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence , The fourth payment . being the fourth of the said quarterly Payments , on or before the first day of February , in the year of our Lord One thousand six hundred sixty five . And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence , being the fifth of the said quarterly payments , The fifth payment . on or before the first day of May , in the year of our Lord One thousand six hundred sixty six . And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence , being the sixth of the said quarterly payments , The sixth payment . on or before the first day of August , in the year of our Lord One thousand six hundred sixty six . And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence , being the seventh of the said quarterly payments , on or before the first day of November , The seventh payment . in the year of our Lord One thousand six hundred sixty six . And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence , The eight payment . being the eighth of the said quarterly payments , on or before the first day of February , in the year of our Lord One thousand six hundred sixty six . And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence , The ninth payment . being the ninth of the said quarterly payments , on or before the first day of May , in the year of our Lord One thousand six hundred sixty seven . And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence , being the tenth of the said quarterly payments , The tenth payment . on or before the first day of August , in the year of our Lord One thousand six hundred sixty seven , and the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence , being the eleventh of the said quarterly payments , on or before the first day of November , The eleventh payment . in the year of our Lord One thousand six hundred sixty seven , and the sum of Two hundred and six thousand four hundred and fifty and eight pounds , The twelfth payment . six shillings eight pence , being the twelfth of the said quarterly payments , on or before the First day of February , in the year of our Lord One thousand six hundred sixty seven .

And for the compleating of the whole sum charged upon the same ; and to the end the aforesaid sums charged upon the several and respective Counties , Cities , Burroughs , Towns and places may be equally and indifferently Assessed , according to the true intent of this Act , and the money duly Collected , The duty of the Assessors . and true accompt thereof made ; the said Assessors are hereby required to deliver one Copy of their respective Assessments fairly written and subscribed by them unto the said Commissioners ; and the said Commissioners , or any two or more of them are hereby ordered and required to Sign and Seal two Duplicates of the said Assessements , and the one of them to deliver or cause to be delivered to one or more honest and responsible person or persons to be Subcollector or Subcollectors , Subcollectors for each parish . which the said Commissioners are hereby authorized to nominate and appoint for each Parish or Place , with Warrant to the said Subcollector or Subcollectors to Collect the said Assessment , payable as aforesaid ; so as the said several sums may be paid into the said Receivers General , and by them into the Receipt of His Majesties Exchequer at the respective times aforesaid ; and the said Commissioners are hereby required to deliver , Duplicates to be transmitted into the Exchequer . or cause to be delivered the other of the said Duplicates of each Parish or place to the Receiver General of each County , City , Town or place respectively , to be by him the said Receiver-General transmitted into the Kings Remembrancers Office in the Exchequer , which the said Receiver General is required to perform accordingly .

And be it further Enacted and Declared , That the said Commissioners in their respective Divisions or Hundreds , The Commissioners to nominate a Head Collector for each division . or any two or more of them shall and are hereby impowred to nominate and appoint under their Hands and Seals an honest , able and responsible person to be Head-Collector , unto whom the moneys received by the Subcollectors within the Division or Hundred , shall from time to time be duely paid ; And the said Head-Collector is hereby required upon the Receipt thereof , to pay the same forthwith to the Receiver-General of each County respectively .

How Collectors and Sub-collectors shall pay the moneys received . And be it further Enacted and Declared , That the particular Collectors and Subcollectors are hereby required to pay in all and every the sums so received by them to the said Receivers-General aforesaid , who are hereby required forthwith to transmit , or cause to be paid the moneys by them received into the Receipt of His Majesties Exchequer ; And the said Lord Treasurer is hereby Authorised to allow the said Receiver-General of each County , City and Town respectively , Allowances to the Receivers General . in case he hath returned up as aforesaid a Duplicate of the Assessment of each Parish or Place in the County , City or Town , for which he is appointed Receiver-General , a Salary for his pains , not exceeding one peny in the pound , upon the cléering of his Accompt , which Duplicate so to be returned into the Kings Remembrancers Office in the Exchequer , is intended to contain no more then the sums in gross to be collected by each Sub-collector , and the several names of the said Sub-collectors .

And it is hereby further Enacted and Declared , Allowances to Sub-collectors That the Sub-collectors of each Parish or Place which shall be appointed by vertue of this Act , shall upon the Collection of the whole summe appointed to be collected by them , and payment thereof as is hereby and before appointed , have and receive for their pains in collecting and paying the moneys , one peny in the pound ; which the said several Head-Collectors are hereby authorized to pay unto them , and the several Head-Collectors which shall be appointed by vertue of this Act , shall upon the payment of the whole summe due from their Hundred or Division to the Receiver-General of each County , have and receive for their pains in receiving and paying the said moneys , one peny in the pound , which each Receiver-General is hereby authorised to pay and allow unto them accordingly ; and also upon the Receipt of the whole Assessment of the County , City or Town , for which he is appointed Receiver-General , in case he hath received the several Duplicates of each Parish or Place therein , and not otherwise , to allow and pay according to such warrant as shall be in that behalf given by the said Commissioners , or any thrée of them , one peny in the pound for the Commissioners Clerks , for their pains in fair writing the Assessments , Duplicates and Copies .

Provided that no Head-Collectors shall be appointed for any City or Town , which is by this Act particularly charged with the payment of any summe towards the Assessment hereby to be levied ; and for which a Receiver-General is to be appointed , excepting within the City of London .

And be it Enacted and Declared , How the money may be levied upon persons refusing to pay . That if any Person shall refuse or neglect to pay any summe of money , whereat he shall be rated and assessed , That then it shall and may be lawful to and for the said Collectors , Sub-collectors , or any of them , who are hereby Authorised and required thereunto , to levy the summe assessed , by Distress and Sale of the Goods of such persons so refusing or neglecting to pay , deducting the summe assessed , and reasonable charges of distraining , and restore the overplus to the Owner thereof . And to break open in the day-time any House , and upon Warrant under the Hands and Seals of two or more of the said Commissioners , any Chest , Trunk or Box , or other things , where any such Goods are , and to call to their Assistance the Constables , Tythingmen and Headboroughs within the Counties , Cities , Towns or places , where any refusal , neglect or resistance shall be made : which said Officers and Forces are hereby required to be aiding and assisting in the premisses , as they will answer the contrary at their perils . And if any question or difference happen upon taking of such Distresses betwéen the Parties distressed or distrained , the same shall be ended and determined by the said Commissioners , or any two or more of them .

And if any person or persons shall refuse or neglect to pay his or their Assessment , In what case imprisonment may be for lack of distress . and convey his or their Goods , or other personal Estate , whereby the summe of money so assessed cannot be levied according to this Act , then the respective Commissioners , or any two or more of them , are hereby authorised to imprison the person ( except a Péer or Péers of this Realm ) and him and them in prison to detain and keep , until the money so assessed , and the charges for the bringing in the same be paid and satisfied , and no longer .

And the several and respective Tenants or Tenant of all Houses and Lands , Tenants to pay such sums as be rated upon their Landlords . which shall be rated by vertue of this Act , are hereby required and authorised to pay such summe or summes of money as shall be rated upon such House or Lands ; and to deduct out of the Rent so much of the said rates as in respect of the said Rents of every such House and Lands the Landlord should or ought to pay and bear . And the said Landlords both mediate and immediate , according to their respective Interests , are hereby required to allow such deductions and payments upon the Receipt of the residue of the Rents .

And it is Enacted and Declared , That every Tenant paying the said Assessment , And be acquitted against them for so doing . shall be acquitted and discharged for so much money as the said Assessment shall amount unto , as if the same had béen actually paid unto such person or persons unto whom his Rents should have béen due and payable .

And if any difference shall arise betwéen Landlord and Tenant , The Commissioners may determine differences between Landlords and Tenants about Rates . or any other concerning the said Rates , the said several Commissioners , or any two or more of them in their several divisions , shall and have hereby power to settle the same , as they shall think fit . And if any Person or Persons shall find him or themselves agrieved in that the Assessors have over-rated him or them , and shall within six days after demand made of the summe of money assessed on him or them , complain to two or more Commissioners , whereof one of the Commissioners who signed or allowed his or their Assessment , to be one ; The said Commissioners , or any two or more of them , shall have , and have hereby power within twelve days after the demand of the Assessment as aforesaid , to relieve such person or persons , and to charge the same on such other person or persons , as they shall see cause . And in case the proportions set by this Act upon all and every the respective Counties , Cities , Towns and Places , shall not be fully assessed , levied and paid , according to the true meaning thereof ; Rates upon persons not of ability or empty houses . or that if any of the said Assessments shall be rated and imposed upon any person not being of ability to pay the same , or upon any empty or void House or Land , where the same cannot be collected or levied ; or that through any wilfulness , negligence or mistake , or accident , the said Assessment charged upon each County , City , Town or Place , by vertue of this Act , happens not to be paid to the Receiver-General of the respective Counties , as in this Act is directed , that then in all and every such cases the several and respective Commissioners , Assessors and Collectors aforesaid , and every of them respectively , are hereby authorised and required to assess or re-assess , or cause to be assessed or re-assessed , levied and paid all and every such sum or sums of money upon the respective Counties , Cities , Towns and Places , or upon any of the Divisions , Hundreds , and Parishes therein , as to the said Commissioners , or such number of them as by this Act are authorised to cause the first Assessment hereby required to be made , shall séem most agréeable to equity and justice ; the said new Assessment to be made , collected and paid , in such manner , and by such means , as in this Act for this Assessment is delared and directed .

The punishment of persons neglecting to perform their duty in execution of this Act. And be it further Enacted and Declared by the Authority aforesaid , That if any Person or Persons shall wilfully neglect or refuse to perform his or their duty in the due and speedy execution of this present Act , the said respective Commissioners , or any Three or more of them , have hereby Power to impose on such Person or Persons so refusing or neglecting their duties , such Fine or Fines as to them shall be thought fit , and to cause the same to be levied by Distress and Sale of his and their Goods . Provided , that no Fine to be imposed by any of the said Commissioners , shall for any one Offence exceed the Sum of Twenty pounds : And that all Fines that shall be imposed by vertue of this Act , shall be paid to the respective Receivers-General , and by them to the Receipt of His Majesties Exchequer .

Collectors and Sub-collectors receiving mony , and not paying the same . And it is further Enacted and Declared , That if any Collector or Sub-collector that shall by vertue of this Act be appointed for the Receipt of any Sum or Sums of Money thereby to be Assessed , shall neglect or refuse to pay any Sum or Sums of Money which shall by him be received as aforesaid , and not pay the same , as in and by this Act is directed , and shall detain in his or their hands any money received by them , or any of them , and not pay the same , as by this Act is directed ; the Commissioners of each County , City or Town respectively , or any Two or more of them in their respective Divisions are hereby Authorised and Impowred to imprison the Person , and seize and secure the Estate both Real and Personal of such Collector or Sub-collector to them respectively belonging , or which shall descend or come into the hands or possession of their Heirs , Executors or Administrators , where-ever the same can be discovered and found ; And the said Commissioners who shall so seize and secure the Estate of any Collector or Sub-collector , shall be , and are hereby impowred to appoint a time for the general Meeting of the Commissioners of such County , City or Town , and there to cause publick notice to be given at the place where such Meeting shall be appointed ten days at least before such General Meeting : And the Commissioners present at such General Meeting , or the major part of them , in case the Moneys detained by Collectors or Sub-collectors be not paid or satisfied as it ought to be according to the Directions of this Act , shall and are hereby impowred and required to sell and dispose of all such Estates , which shall be for the cause aforesaid seized and secured , or any part of them , and satisfie and pay such County and Place the Sum that shall be so detained in the hands of such Collector or Sub-collector , and return the Overplus , deducting necessary Charges to such Collector or Sub-collector , their Heirs , Executors and Administrators respectively .

Collectors and Sub-collectors to be called to give an accompt to the Commissoners at the expiration of this Act. And it is hereby further Enacted and Declared , That at the expiration of the respective times in this Act prescribed for the full payment of the said quarterly Assessments , the several and respective Commissioners , or any Two of them within their Division and Hundred , shall and are hereby required to call before them the chief Collectors and Sub-collectors within each respective Division and Hundred , to examine and assure themselves of the full and whole Payment of the particular Sum and Sums of Money charged upon the said Division , Hundred , and every Parish and Place therein , and of the due Return of the same into the hands of the Receivers-General of the said County , City , Town and Place respectively : And by such Receiver-General to the Receipt of His Majesties Exchequer , to the end there may be no failer in the payment of any part of the Assessment by vertue of this Act to be assessed and paid , nor any A●rears remain chargeable upon any the said Counties , Cities , Towns or places respectively : And in case of any faileri●n the premisses , the said Commissioners , or any Two of them , are hereby to cause the same to be forthwith levied and paid according to the true intent and meaning of this Act.

Commissioners concerned in any Controversie , to withdraw and not vote . And it is hereby Enacted and Declared , That in case any Controversie arise concerning the said Assessments , or the dividing , apportioning , or payment thereof , which concern any of the Commissioners by this Act appointed , that the Commissioners so concerned in the said Controversie shall have no Voice , but shall withdraw at the time of the Debate of any such Controversie , until it be determined by the rest of the Commissioners .

No exemption of any priviledged Place or Person , Fee-Farm Rents . And be it hereby Enacted and Declared , That no Priviledged Place or Person , Body Politick or Corporate , within the Counties , Cities and Towns aforesaid , shall be exempted from the said Assessments and Taxes ; and that they and every of them , and also all Fée-Farm Rents , and all other manner of Rents , Payments , sums of moneys and Annuities issuing out of any Lands within City or County , shall be liable towards the payment of every sum by this Act to be taxed and levied : And all the Tenants of every Fée-Farm Rent , other Rent , sums of money or Annuities aforesaid , are hereby directed and authorised to pay them proportionably , according to the Rates and Assessments by this Act appointed and directed ; And all such Tenants shall be hereby saved and kept harmless by authority of this Act from any further payment of such portion of any such Rent , Rents , Sums or Annuities , either to the Exchequer , or to any other person or persons , to whom any such Rent , Rents , Sums of Moneys or Annuities as aforesaid should or ought to be paid , to all intents or purposes whatsoever , as fully and as amply as if they had paid the same into the Exchequer , or to any person or persons to whom the same is reserved or become due .

Provided , Proviso for Colledges and Halls in the Vniversities , Windsor , Eaton , Winton , Westminster , Hospitals , &c. That nothing contained in this Act shall be extended to charge any Colledge or Hall in either of the Vniversities , or the Colledges of VVindsor , Eaton , VVinton or VVestminster , or any Hospitals , for or in respect of the Scites of the said Colledges or Halls , or Hospitals , nor any Master , Fellow or Schollar of any such Colledge or Hall , or in any other Free-Schooles , or any Reader , Officer or Minister of the said Vniversities , Colledges or Schooles , or of any Hospitals or Alms-houses , for or in respect of any stipend , wages or profit whatsoever , arising or growing due to them in respect of the said several Places and Imployments in the said Vniversities , Colledges , Schooles , Hospitals or Alms-houses ; nor to Charge any of the Houses or Lands belonging to Christ's Hospital , Saint Bartholomewes , Bridewell , Saint Thomas , and Bethlehem Hospital in the City of London and Burrough of Southwark , or any of them , for or in respect of any Rents or Revenues payable to the said Hospitals , being to be received and disbursed for the immediate use and relief of the Poor in the said Hospitals .

Provided , That no Tenants that hold or enjoy any Lands or Houses by Lease , Tenants to be assessed for the over value of their Lands . or any other Grant from any of the said Hospitals , do claim and enjoy any freedom , exemption or advantage by this Act , but that all the Houses and Lands which they so hold , shall be rated and assessed for so much as they are yearly worth , over and above the Rents reserved and payable to the said Hospitals .

Provided also , London . That where any Person inhabiting within the City of London hath his dwelling house in one of the Parishes or Wards therein , and hath any Goods , Wares or Merchandize in one or more of the other Parishes or Wards within the same , that then such Person shall be charged , taxed and assessed for such his Goods or Merchandize in the Parish or Ward where he dwelleth , and not elsewhere in the said City .

Provided nevertheless , That no Clause or Proviso in this Act shall extend to the lessening or abatement of the full sum by this Act appointed to be taxed , levied and paid , There shall be no abatement of the full sum in this Act. but that the same be fully assessed , taxed , levied , collected and paid in the several and respective Counties , Cities and Towns aforesaid , in such manner and form , and to such uses as herein before mentioned and declared . And that the several and respective Commissioners , The Commissioners to give accompt to the Lord Treasurer . and every of them shall from time to time give a true and perfect accompt of all their doings and procéedings in the execution of this Act to the said Lord Treasurer , or to other such Persons as His Maiesty shall appoint .

Provided alwayes , and be it hereby Enacted and Declared , Assessing by a pound-rate . That in case the way or manner of assessing by a Pound-rate shall prove any way prejudicial or obstructive to the said spéedy bringing in of the Assessment , or any part thereof appointed by this Act , that then , and in all such cases the respective Commissioners , or any two of them , are hereby authorized to order and direct their respective Assessors , who are hereby required to procéed accordingly , to assess the respective Sums charged on the respective Counties , Cities and Burroughs , Towns and places mentioned in this Act , according to the most just and usual way of Rates held and practised in such Counties , Cities , Burroughs , Towns and places respectively , Any thing in this Act to the contrary thereof contained in any wise notwithstanding .

Provided always , That nothing in this Act contained shall be construed to alter , change , determine , Contracts and Covenants between Landlord and Tenant . or make void any Contracts , Covenants or Agréements whatsoever between the Landlord and Tenant touching the payment of Taxes or Assessments , any thing herein before mentioned to the contrary notwithstanding .

Provided always , and be it further Enacted and Declared by the Authority aforesaid , All places and divisions to be rated as formerly . That for the avoiding of all obstructions and delays in collecting the sums by this Act to be rated and assessed , all Places , Constablewicks , Divisions and Allotments which have used to be rated and assessed , shall pay and be assessed in such County , Hundred , Rape and Wapentake , as the same hath heretofore usually béen assessed in , and not elsewhere .

And be it further Enacted by the Authority aforesaid , That if any Action , Plaint , Suit or Information shall be commenced or prosecuted against any person or persons for what he or they shall do in pursuance or in execution of this Act , Persons sued for executing this Act , may give the general issue in Evidence . such person or persons so sued in any Court whatsoever , shall or may plead the General Issue , Not Guilty : And upon any Issue joyned , may give this Act and the special matter in Evidence ; And if the Plaintiff or Prosecutor shall become Non-suit , or forbear further Prosecution , or suffer Discontinuance , or if a Verdict passe against him , the Defendants shall recover their Treble Costs , for which they shall have the like Remedy , as in any case where Costs by the Law are given to Defendants . Treble-Costs

Proviso for Salop and Stafford . Provided alwayes , That nothing in this Act shall extend or he construed to invalidate a Decree lately made in the high Court of Chancery for the quieting of Suits between the Counties of Salop and Stafford ; and for the setling all future Payments to be imposed on certain Lands in Sheriff-Hales with the County of Salop ; Sheriff-Hales . And for exempting the said Lands from paying hereafter with the County of Stafford : But that the said Decrée shall remain in such ( and no other ) force as it did before the making of this Act , any thing herein to the contrary notwithstanding .

Provided alwayes , and be it Enacted by the Authority aforesaid , That all Spiritual Promotions , and all Lands , Spiritual promotions and lands , &c. Possessions or Revenues annexed to , and all Goods and Chattels growing or renewed upon the same , or elsewhere appertaining to the Owners of the said Spiritual Promotions , or any of them , which are or shall be charged or made contributory by this Act towards the Payments aforesaid during the time therein appointed , shall be absolutely freed and discharged from the two last of the four Subsidies granted by the Clergy to His Majesty , His Heirs and Successors , by an Act made in a former Session of this present Parliament , Entituled , An Act for confirming of four Subsidies granted by the Clergy : 15 Car. 2. cap. 10. Any clause or thing in the said Act to the contrary notwithstanding .

Head-collectors shall give acquittances without fee. Provided alwayes , and be it Enacted by the Authority aforesaid , That the several Head-Collectors which shall be appointed according to this Act , shall from time to time at every Payment appointed thereby , give unto the several Sub-collectors within their respective Precints , upon the Payment of the whole Sum due at such times of Payment from their respective Parishes , Constablewicks , or places within each of their Collections , several Acquittances under their Hands , without taking any thing for the same . And that in like manner at every time of Payment appointed by this Act , Receiver-General . the Receiver-General of each County shall give unto the several Head-Collectors aforesaid upon the Payment of the whole Sum due for their Hundred or Division respectively , at each time of Payment aforesaid , several Acquittances under their Hands and Seals , without taking any thing for the same ; which said Acquittances of the Head-collectors shall be a full and perfect Discharge to the Sub-collectors ; And the said Acquittances of the Receiver-General shall be a sufficient Discharge to the Head-collectors , and to such Hundred , Division , Constablewick , Parish or place respectively , and to every person charged within the said Sub-collectors or Head-collectors charge , against His Majesty , His Heirs and Successors , for the sum or sums of money so acquitted .

Lands and houses that lie unoccupied . Provided alwayes , and be it further Enacted , That in case any Lands or Houses in any Parish , Place or Constablewick shall lie unoccupied , and no distresses can be found on the same , by reason whereof the said Parish , Place or Constablewick are forced to pay and make good the Tax assessed upon such Lands lying unoccupied , That then it shall and may be lawful at any time after for the Collectors , Constable , or Tythingman of the said Parish , Place or Constablewick for the time being , to enter and distrain upon the said Lands and Houses when there shall be any distress thereupon to be found . And the distress and distresses being the proper goods of the Owner , or any claiming any Estate , interest or profit under him , if not redeemed within four days by payment of the Tax , and charge of the distress , to sell , rendring the Overplus to the Owner or Owners of such distresse . And the said Collector , Constable or Tythingman is hereby enjoyned to distribute the money raised by the said Distresse or Sale thereof proportionably to the Parties who contributed to the Tax of the said unoccupied Lands .

Woodlands . Provided alwayes , and be it Enacted , That where any Wood-lands shall be assessed , and no Distress can be had , that in such case it shall and may be lawful to and for any Sub-collector , Constable , Head-borough or Tythingman , by Warrant under the Hands and Seals of two or more of the Commissioners in that Hundred or Division , at seasonable time of the year , to cut and sell to any person or persons so much of the Wood growing on the said Woodlands so assessed , as will pay the Assessment or Assessments so behind and unpaid , and the charge incident thereunto : And that it shall and may be lawful for the person and persons , and his Assigns , to whom such Wood shall be so sold , to sell , cut down , dispose and carry away the same to his own use , rendring the overplus , if any be , to the Owner ; Any Law to the contrary notwithstanding .

Tythes , Tolls , Markets , Fairs , Fisheries , &c. Provided alwayes , and be it further Enacted , That where any Tax or Assessment shall be charged or laid upon any Tythes , Tolls , Profits of Markets , Fairs or Fishery , or other annual profits not distrainable , in case the same shall not be paid within fiftéen dayes after such Assessment so charged or laid and demanded , then it shall be lawful to and for the Sub-collector , Constable or other Officer thereunto appointed , by Warrant under the Hands and Seals of any two or more of the Commissioners authorised by this Act , to seize , take and sell so much of the said Tythes , Tolls , and other Profits so charged , as shall be sufficient for the levying of the said Tax and Assessment , and all charges occasioned by such non-payment thereof , rendring the overplus to the Owner , if any be .

Middlesex , Westminster . And whereas the County of Middlesex and City of VVestminster are raised in the Monethly Assessment , by reason of the new Buildings lately erected ; And that Offices are made chargeable towards the payment of such Assessment : To the end that an equal rate may be made and imposed upon the severall Divisions , Parishes and Hamlets within the said County and City , Be it Enacted by this present Parliament , and by the Authority thereof , That the said Commissioners appointed for the said County and City of VVestminster , or any three of them , shall , if they shall think it fit , cause two or three of the honest and able Inhabitants in the several and respective Parishes , Townships and Places within the said County and City to be named and appointed Assessors , who ( or any two of them ) are to ascertain and rate the yearly value and profits of all Offices belonging to the Courts of VVestminster , and other Offices chargeable by this Act , towards the payment of the said sum set upon the said County and City , And all Townships , Parishes and Places , for which they be appointed Assessors ; and to return the same to the said Commissioners , or to such person or persons as shall be appointed to receive the same : which said Assessors are to deliver in their several Surveys perfected and subscribed by them , unto the said Commissioners , or to such person or persons as shall be appointed by them , or any thrée of them , to receive the same , two or three dayes at the least before the second General meeting of the said Commissioners ; to the end that the said Commissioners may deliver in all the several Surveys to be made throughout the said County , at the said second General meeting ; At which said Generall meeting , the said Commissioners , or the major part of them then present , shall upon view and perusal of the said several Surveys , cast up the true Revenue and yearly Profits of the whole County , City and Offices aforesaid , to the end that an equal Pound-rate may be apportioned upon every Office chargeable by this Act , Division , Hundred , Township and Parish , according to the proportion and sum of money charged upon the said County and City by vertue of this present Act , which the said Commissioners , or the major part of them then and there assembled , are by vertue of this Act authorised and appointed to proportion and make accordingly .

Provided always , That nothing herein contained shall be drawn into example , Proviso . to the prejudice of the ancient Rights belonging unto the Lords Spiritual and Temporal , or Clergy of this Realm , or unto either of the Vniversities , or unto any Colledges , Schools , Alms-houses , Hospitals or Cinque-Ports .

CAP. II.

The Measures and Prices of Coals regulated .

FOr avoiding the manifold deceits , Dece●ts and ●xations in selling of Coals . exactions and abuses used in the Measures and Sales of Coales , and for preventing the like , and the better regulation thereof for the time to come ; Be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament Assembled , and by the Authority of the same , That from and after the Sixth day of March , in the year of our Lord , One thousand six hundred ●●xty four , all sorts of Coal , commonly called Sea-Coals , brought into the River of Thames , and sold , shall be sold by the Chaldron , Sea coal measure . containing Thirty six Bushels heap'd up , and according to the Bushel Seal'd for that purpose at Guildhall in London , and so for a greater or lesser quantity ; And that all other sorts of Coals coming from Scotland and other places , commonly sold by Weight , and not by Measure , Coals from Scotland . shall be sold by Weight after the proportion of a hundred and twelve pound to the hundred of Avoir dupois weight , without any fallacy or deceit , upon pain of Forfeiture of all the Coals which shall be otherwise sold or exposed to sale by any Woodmonger or Retailer of Coals , and the double value thereof to be recovered by any person or persons that will prosecute for the same in any Court of Record , or by way of complaint made unto the Lord Mayor of London for the time being , and Iustices of Peace within the City of London and Liberties thereof , or to any two of them , or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to sale , or any of them ; who are hereby Impowred and Required to call the Parties before them , and to hear and examine such Complaint upon Oath , which by vertue of this Act is to be administred by them , or any Two of them , and upon due proof thereof made to their satisfaction , to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly , the one half thereof to be to and for the use of the person or persons so prosecuting or complaining , and the other half to and for the use of the Poor , or repairing of the High-wayes within the same Parish , or any other adjoyning Parish or Parishes , to be appointed and apportioned by the direction of the said Lord Mayor and Iustices , by such their Warrant as aforesaid . And the said Lord Mayor of London , and the Court of Aldermen for the time being , Who may set Rates upon Coals in London . and the Iustices of Peace of the several Counties respectively , or any thrée or more of them , whereof one to be of the Quorum , are hereby impowred to set the Rates and Prises of all such Coals as shall be sold by Retail , as they from time to time shall judge reasonable , allowing a competent profit to the said Retailer , beyond the price paid by him to the Importer , and the ordinary charges thereupon accruing .

And that if any Ingrosser or Retailer of such Coals shall refuse to sell as aforesaid , Ingrossers or Retailers refusing to ●ell at the said Rates . That then the said Lord Mayor and Aldermen , and Iustices of Peace respectively , are hereby authorised to appoint and impower such Officer or Officers , or other persons as they shall think fit , to enter into any Wharf , or other place where such Coals are stored up ; And in case of refusal , taking a Constable , to force entrance , and the said Coals to sell , or cause to be sold at such Rates as the said Lord Mayor and Aldermen and Iustices respectively shall judge reasonable , rendring to such Ingrosser or Retailer the money for which the said Coals shall be so sold , necessary charges being deducted .

The continuance of this Act. Provided , That this Act shall continue for thrée years next ensuing , and thenceforth to the end of the next Session of Parliament , and no longer .

Provided also , That no person or persons that shall be sued by vertue of this Act for not observing thereof , shall be sued upon any other Act or Law now in force for the same offence : And if any Action shall be commenced against any Iustice of Peace , Persons sued upon this Act may plead the general issue . Constable , or other Officer or Person for any thing done by colour of this Act , the Defendant in every such Action may plead the general Issue , and give the special matter in Evidence : And if the Verdict be found for him , or the Plaintiff become Non-suited , shall recover and have his Damages and double Costs of suit for his unjust Vexation in that behalf .

Who may not act in setting Rates upon Coals . Provided always , That no Person having any Interest in any Wharf used for the receiving or uttering of Coals , or that doth , or shall Trade by himself or others , in his own , or any other name , in the sale of any Coals , or the Engrossing the same , in order to sell the same , and not for his own private use onely , shall act or otherwise intermeddle in the setting the Price of Coals ; Any thing in this Act to the contrary in any wise notwithstanding .

CAP. III.

For the Returning of able and sufficient Jurors .

FOr the returning of more able and sufficient Iurors for Trials hereafter to be had betwéen Party and Party , and for reformation of abuses in Sheriffs and other Ministers , who for reward do oftentimes spare the ablest and sufficientest , and return the poorer and simpler Fréeholders , less able to discern the Causes in question , and to bear the charges of appearance and attendance thereon .

Be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of the same , Iurors for trials of issues shall have 20 l. per annum Freehold . That all Iurors ( other then Strangers , upon Tryals per medietatem linguae ) who are to be returned for the Tryals of Issues , joyned in any of the Kings Majesties Courts of Kings Bench , Common-Pleas , or the Exchequer , or before Iustices of Assize , or Nisi Prius , Oyer , and Terminer , Gaol-Delivery , or General or Quarter-Sessions of the Peace , from and after the twentieth day of April , which shall be in the year of our Lord , One thousand six hundred sixty five , in any County of this Realm of England , shall every of them then have in their own name , or in trust for th●● within the same County , twenty pounds by the year at least above reprises , in their own , or their wives right , of Free-hold Lands , or of ancient Demesne , or of Rents in Fee , Fee-tail , or for life . And that in every County within the Dominion of Wales , every such Iuror shall then have within the same eight pounds by the year , at the least above reprises in manner aforesaid . All which Persons , having such Estate as aforesaid are hereby enabled and made lyable to be returned , and to serve as Iurors for the Tryal of Issues before the Iustices aforesaid , Any Law or Statute to the contrary in any wise notwithstanding . And if any of a lesser Estate and value shall be respectively returned upon any such Iury , or Tales in default of such Iurors , it shall be a good cause of Challenge , and the Party returned shall be discharged upon the said Challenge , or his own Allegation and Oath thereof . And that no Iury-mans Issues making default shall be saved , but by special Order of the Iudge or Iudges before whom the Issue is to be tryed , Issues of Iurors upon default . for some just and reasonable cause proved upon Oath before the same Iudge or Iudges . And all such Issues shall be duly estreated and levied : The Ven' fac . And that the Writ of Venire facias which from and after the aforesaid time shall be awarded and directed for the impannelling of Iuries in cases aforesaid within any County of England , shall be in this form : Rex , &c. Praecipimus , &c. quod venire fac . coram , &c. duodecem liberos & legales homines de vicineto de A. Quorum quilibet habeat viginti libras terrae , tenementorum vel reddit . per annum ad minus , per quos , &c. & qui nec , &c. And the residue of the said Writ shall be after the ancient manner . And that those Writs which shall be awarded and directed for Returning of Iuries within the Dominion of Wales shall be made in the same manner , altering onely the word Viginti into Octo. And that upon every such Writ and Writs of Venire facias , Wales . the Sheriff , Coroner , or other ministers of each respective County in England and Wales , Penalty upon the Sheriff , &c. unto whom the making of the Pannel shall appertain , shall not return in any such Pannel any person , unless he shall then have Twenty pounds , or Eight pounds respectively by the year at least as aforesaid in the same County where the Issue is to be tryed , upon pain to forfeit for every person being returned in any such Pannel that shall not then have Twenty pounds or Eight pounds respectively , as is aforesaid , the sum of Five pounds to His Majesty , His Heirs and Successors . And for the better enabling the Sheriff of every County to know the value of the Estates of such persons as are by the true intent and meaning of this Act to be returned for Iury-men ;

Be it further Enacted , How the Sheriff shall find out persons fit to be returned for Iury-men . That every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter , deliver , or cause to be delivered unto the Iustices of Peace sitting at the same Sessions the names of all persons of such Estates as are by the true meaning of this Act to be returned for Iury-men , to the end the Estates of such persons may be enquired after , and such persons approved of by the said Iustices of Peace , or the greater number of them then present , to be persons of such Estates to be returnable for Iury-men for the year then next ensuing . And the said Iustices shall have power to add such persons having Estates of the respective values before mentioned , as they shall find to be omitted by the Sheriff amongst the names by him delivered ; and such competent number , and no more of such persons as aforesaid shall be returnable to serve of Iuries for the year next ensuing , as the said Iustices , or the greater number of them as aforesaid shall think fit . And that no Sheriff shall incur the penalty aforesaid for returning any of the persons so approved or added by the Iustices , in case his Estate fall out to be of less value then aforesaid .

And it is further Enacted , That no Sheriff or Bailiff of any Liberty or Franchise , What time summons ought to be before appearance . or any of their , or either of their Ministers shall return any such person or persons as aforesaid , to have been summoned by them , or any of them , unless such person or persons shall have been duly summoned by the space of six days at the least before the day on which they ought to make their appearance ; And have left with or for such persons in writing the names of all the parties in those Causes wherein they are to serve as Iurors ; Nothing may be taken to excuse appearance . The Penalty . nor shall directly or indirectly take any money or other reward , to excuse the appearance of any Iuror by them , or any of them to be summoned or returned , upon pain to forfeit for every such offence the sum of Ten pounds : Saving to all Cities and Towns Corporate their ancient Vsage of returning Iurors of such Estate , and in such manner as heretofore hath béen used and accustomed .

And be it further Enacted by the Authority aforesaid , That from henceforth upon Writs of Venire facias issued out and returned within the County-Palatine of Lancaster , County-Palatine of Lancaster . as of the same Assizes wherein the Issues are said to be joyned , Writs of Habeas Corpora or Distringas shall be sued out , like as is used in all other Counties within this Kingdom , returnable at the then next Assizes . And the Sheriff thereupon to return such Issues as is or ought to be done by the said Sheriffs of the said other Counties , and those Issues to be duly estreated as above is provided .

And the better to cause and bring Iurors to appear upon Trials at Assizes within the said County-Palatine of Lancaster , Be it further Enacted by the Authority aforesaid , That the Sheriff of the same County-Palatine of Lancaster for the time being , shall from henceforth cause twelve good and lawful men so qualified , as before in this Act is appointed , out of every of the six Hundreds within the said County-Palatine , to be duly summoned or warned ten days at the least before the beginning of every Assizes , to be and appear the first day of the then next Assizes , and there to attend during the same Assizes to perform their duty and service to the Court as Iurors or Iurymen in such Causes betwéen party and party , wherein they shall be respectively returned and impannelled , upon pain that every of them that shall make default to appear and attend at , and during the said Assizes , to forfeit Ten pounds to the use and behoof of the Poor of the Town where such person or persons so making default doth inhabit and live ; the same to be levied , recovered and had , in such manner and ways as other Issues of Iurors use to be levied .

Provided , That this Act shall continue and stand in force for the space of Thrée years , The continuance of this Act. and from thence to the end of the next Session of Parliament , and no longer .

CAP. IV.

An Additional Act for the better Ordering and Collecting the Duty of EXCISE .

FOr the better Ordering and Collecting the Duty of Excise , Be it Enacted and Declared by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , and by the Authority of the same , That from and after the eighth day of November , Powers given to Farmers of Excise . which shall be in the year of our Lord , One thousand six hundred sixty and five , all Farmers of Excise , or any of them , within the several Circuits and Divisions of their respective Farms , shall and are enabled hereby to exercise and put in Execution all such Powers and Authorities which the Commissioners or Sub-Commissioners of Excise are enabled to do and execute by the several Acts and Statutes of Excise , for the levying , raising , receiving and managing of the said Revenue of Excise ; 12 Car. 2. cap. 24. 15 Car. 2. cap. 11. & cap. 12 ▪ Except the Iudicial part of hearing and determining all breaches and offences against the Laws of Excise , and of imposing , mitigating or compounding of Fines or Penalties .

CAP. V.

Delays in extending Statutes , Judgments and Recognizances prevented .

Security by Statute Merchant and of the Staple . VVHereas the Security by Statute-Merchant and of the Staple is now become of little use and benefit by the fraud of the Conusors thereof in sundry Cases , who , to prevent the payment of their Debts , secretly assign small parts of their Lands to several and unknown persons : And it having been used , that if the Creditor take Execution on such Statute ; yet if the Lands of any one or more person or persons , to whom such alienation was made and liable to such Execution , be omitted out of such extent ; The same execution hath been avoided by Audita Quaerela , Executions avoided by Audita Quaerela . and the party extending lost his Costs , and was delayed of his iust Debt ; and so again upon any new extent toties quoties . And if any one Acre or Parcel of Land happened to descend to an Infant , the whole execution was deferred till full age of such Infant ; And if afterwards other part of the Lands or Tenements liable to such Debt descended to another Infant , then also a farther delay happened during that Infancy also .

Be it therefore Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament assembled , For what causes extents upon Iudgments or Statutes shall not be avoided or delayd . and by the Authority of the same , That when any Iudgment , Statute or Recognizance shall be extended , the same shall not be avoided or delayed by occasion that any part of the Lands or Tenements extendible are or shall be omitted out of such extent ; saving alwayes to the Party and Parties whose Lands shall be extended , his and their Heirs , Executors and Assigns , his and their remedy for contribution against such person and persons , whose Lands are or shall be omitted out of such extent from time to time .

Proviso for Heirs within age . Provided always , that this Act , or any thing therein contained , shall not be construed to give any Extent or Contribution against any Heir within the age of one and twenty years , during such Minority of such Heir , for or in respect of any Lands to such Heir descended , farther or otherwise then might have béen before the making of this Act.

To what statutes and extents only this Act shall extend . The continuance of this Act. Provided that this Act extend only to such Statutes as are or shall be for payment of Moneys ; And to such extent as shall be within twenty years after the Statute , Recognizance or Iudgment had and obtained .

Provided that this Act shall continue for the space of thrée years , and from thence to the end of the next Session of Parliament , and no longer .

CAP. VI.

Part of an Act of Parliament , Entituled , An Act directing the prosecution of such as are accomptable for Prize-goods repealed .

14 Car. 2. cap. 14. Directions for recovery of Prize-goods not accompted ●or . WHereas by an Act made in this present Parliament , entituled , An Act directing the prosecution of such as are accomptable for Prize-goods ; It is amongst other things Enacted , That all and every Admirals , Vice-Admirals , Captains of Ships , Officers and Mariners that did surprise , or receive to , or for the publique use , or by pretence thereof , any Ships , Plate , Iewels , Bullion , Money , Silver , Gold , Arms , Ammunition , Waxes , Merchandizes , or any manner of Goods whatsoever , seized or taken for Prize , betwixt the thirtieth of January , One thousand six hundred fourty two , and the nine and twentieth day of May , One thousand six hundred sixty ; And that had not at the making of the said Act truly Accompted for and paid in the same , or the just Provenues thereof , should be chargeable to His Majesty for the said premisses , and convened and sued for in His Majesties Court of Admiralty , and called to accompt , or otherwise by such Suit , and in such manner as should be most available to His Majesty . And in case of defect of Iurisdiction in the said Court of Admiralty , then upon Certificate thereof from the said Court of Admiralty made into His Majesties Court of Exchequer , spéedy procéedings were to be had in the said Court of Exchequer , for the recovering and levying of the Prizes , Goods , matters and things , as by the said Act , relation being thereunto had more plainly , fully , and at large appears : Whereupon divers Captains and Officers of His Majesties Fleets , and several others the Commanders , Officers and Mariners , imployed in the Sea-service , have been sued , or may possibly be sued concerning the several Prizes and Prize-goods by them heretofore seized and taken at Sea , or in Ports , since the Moneth of January , One thousand six hundred forty two , and before the twenty ninth of May , One thousand six hundred sixty , contrary to the grace and favour extended towards them , not onely in and by His Majesties most gracious Act of Frée and general Pardon , Indempnity and Oblivion ; but also by a Proclamation since made by His Majesty , bearing Date the Fourteenth day of July , One thousand six hundred sixty two , in the Fourteenth year of His Majesties Reign , Declaring His Majesties grace and favour towards all Commanders and Seamen , in relation to Prizes and Prize-goods , seised and taken , since the moneth of January , One thousand six hundred forty two , untill the nine and twentieth of May , One thousand six hundred sixty : His Majesty thereupon willing , that His Grace and Favour towards all Admirals , Vice-Admirals , Commanders , Sea-men and Mariners should take its full effect ; And being fully satisfied of their dutiful affections unto His Majesties Royal Person and Government ; and for their future incouragement to persevere loyally in His Majesties Service , is most graciously pleased that it may be Enacted ,

And be it Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , 14 Car. 2. cap. 4. Repealed as to all Admirals , Officers , Mariners and Souldiers at Sea . and by the Authority of the same , That the said Act , entituled , An Act for directing the prosecution of such as are accomptable for Prize-Goods , and all and every Branches , Clauses , Powers and Articles , and every matter and thing therein contained , for so much onely , and as for and concerning all and every Admirals , Vice-Admirals , Captains of Ships , Officers of Ships or Vessels , Seamen and Mariners , and every of them , shall be and is hereby from henceforth repealed , annulled , and made void , and of no effect , to all intents and purposes whatsoever : And that all and singular Process and proceedings whatsoever , which before this time have been , now are , or may be at any time hereafter had , sued forth and prosecuted in any of His Majesties Courts at Westminster , or in the High Court of Admiralty of England , or elsewhere , within any His Majesties Dominions , against any Admirals , Vice-Admirals , Captains of Ships , Officers of Ships or Vessels , Seamen and Mariners , or any of them by force and vertue of the said Act , or any Article or Clause therein contained , be forthwith and for ever hereafter superseded , surceased , stayed and discharged ; And that none of the said Admirals , Vice-Admirals , Captains or Officers of Ships or Vessels , Seamen or Mariners , shall from henceforth by vertue , force or colour of any Process or procéedings whatsoever in any of His Majesties said Courts , or elsewhere , be in any wise Arrested , disquieted , questioned or troubled , either in their Persons , Lands or Goods , for or by reason of the said Act , or any thing therein contained ; But that all and every the said Admirals , Vice-Admirals , Captains and Officers of Ships or Vessels , and all Seamen and Mariners , and every of them , shall by vertue of this Act stand , and be for ever discharged and acquitted in all Courts and Places , and of and from all Suits and Proceedings whatsoever sued or begun , or to be sued or begun against them , or any of them , for any manner of Prizes , Ships or Goods whatsoever by them , or any of them seised , surprized , or any ways taken , betwixt the said thirtieth of January , One thousand six hundred forty two , and the nine and twentieth of May , One thousand six hundred sixty ; and of and from all Accompts , Troubles , Articles and Suits whatsoever concerning the same : And that this Act shall be taken and expounded in the most large and beneficial manner for the said Admiralls , Vice-Admirals , Commanders , Captains and Officers of Ships and Vessels , and Seamen and Mariners , and every of them , and for their best advantage for the final , free and absolute acquitting and discharging of them , and every of them , of and from all the said Prizes , and every part thereof , and all Ships and Vessels and Goods whatsoever , or of what nature or kind soever , by them , or any of them seized , surprised , or in any sort taken , betwixt the said thirtieth of January , One thousand six hundred forty two , and the said nine and twentieth of May , One thousand six hundred sixty .

Provided always , And be it Enacted , That this Act , or any thing therein contained , The said Act not repealed as to any Collectors , Treasurers , &c. of such Prize-goods . shall not extend or be construed to extend to discharge any other persons whatsoever , but onely the said Admirals , Vice-Admirals , Commanders , Captains of Ships , and Officers of Ships or Vessels , and Seamen and Mariners ; but that all and every Collectors and Treasurers , Sub-Collectors and Vnder-Treasurers of Prize-Goods , Commissioners , and Sub-Commissioners of Prize-Goods , and all and every their Casheers , Deputies , Officers and Receivers , other then such person or persons who are discharged by the Act of Frée and General-Pardon , Indempnity and Oblivion , that have not yet truly accompted or paid in the Provenues of the Prizes , or Moneys arising thereout , seized , or taken betwixt the said thirtieth of January , One thousand six hundred forty two , and the said nine and twentieth of May , One thousand six hundred sixty , and all and every other person and persons , by whom , or to whom , or to , or for whose use any Prizes or Prize-Ships , Plate , Iewels , Arms , Ammunition , Wares , Merchandizes , or any manner of Goods whatsoever , seized or taken for Prize , betwixt the said thirtieth of January , One thousand six hundred forty two , and the said nine and twentieth of May , One thousand six hundred sixty , were disposed or sold , or to whose hands they came , and who had and enjoyed the same , or any part thereof , and are still behind , and have not paid in the moneys contracted for , and arising , or due upon such Sales or Dispositions , or any of them ; and all securities by them and every of them given for , or touching the premisses , or any thing concerning the said Prizes , or any of them , shall be chargeable to Your Majesty for the said premisses , and all the dependencies thereof respectively , in the said Court of Admiralty or Exchequer , and shall be procéeded upon in the said Court of Admiralty or Exchequer in Your Majesties Name , and to and for Your Majesties use according to the said Act , directing the prosecution of such as are accomptable for Prize-Goods , and as fully and entirely , as if this Act had never béen ; Any thing in this present Act notwithstanding .

CAP. VII .

A former Act for Regulating Printing continued .

BE it Enacted by the Kings most Excellent Majesty , by and with the Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , That an Act made in the fourteenth year of the Reign of Our Soveraign Lord the King that now is , Entituled , An Act for preventing abuses in Printing Seditious , Treasonable and unlicensed Books and Pamphlets , and Regulating of Printing and Printing-Presses , shall be continued , and remain in force untill the end of the next Session of Parliament , continued 17 Car. 2. cap. 4.

CAP. VIII .

Arrests of Judgment , and superseding Executions prevented .

WHereas great delay , trouble and vexation hath béen , and still is occasioned to the people of this Realm , as well by arresting and reversing of Iudgments , as by staying Executions by Writs of Error and Supersedeas . For remedy thereof , Be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of the same , That if any Verdict of Twelve men shall be given in any Action , In what court and cases Iudgment after verdict shall not be stayed for default of form in pleading . Suit , Bill or Demand to be commenced from and after the Five and twentieth day of March , which shall be in the year of our Lord , One thousand six hundred sixty and five , in any of His Majesties Courts of Record at Westminster , or in the Courts of Record in the Counties-Palatine of Chester , Lancaster or Durham , or in His Majesties Courts of the Great Sessions in any of the twelve Shires of Wales , Iudgement thereupon shall not be stayed or reversed , for default in form , or lack of form , or by reason that there are not Pledges , or but one Pledge to prosecute returned upon the Original Writ , or because the Name of the Sheriff is not returned upon such Original Writ , or for default of entring Pledges upon any Bill or Declaration , or for default of alledging the bringing into Court of any Bond , Bill , Indenture , or other Déed whatsoever mentioned in the Declaration , or other Pleading , or for default of Allegation of the bringing into Court of Letters Testamentary , or Letters of Administration , or by reason of the omission of Vi & armis , or Contra pacem , or for or by reason of the mistaking of the Christian Name or Sirname of the Plaintiff or Defendant , Demandant or Tenant , sum or sums of Money , Day , Moneth or Year , by the Clerk in any Bill , Declaration or Pleading , where the right Name , Sirname , Sum , Day , Moneth or Year , in any Writ , Plaint , Roll , or Record preceding , or in the same Roll or Record where the Mistake is committed , is or are once truly and rightly alledged , whereunto the Plaintiff might have demurred and shewn the same for Cause ; nor for want of the Averment of Hoc paratus est verificare , or Hoc paratus est verificare per Recordum , or for not alledging Prout patet per Recordum , or for that there is no right Venue , so as the Cause were tried by a Iury of the proper County or Place where the Action is laid : Nor any Iudgment after Verdict , Confession by Cognovit Actionem , or Relicta verificatione , shall be reversed for want of Misericordia , or Capiatur , or by reason that a Capiatur is entred for a Misericordia , or a Misericordia is entred where a Capiatur ought to have been entred : Nor for that Ideo concessum est per Curiam is entred for Ideo consideratum est per Curiam ; nor for that the Increase of Costs after a Verdict in an Action , or upon a Nonsuit in Replevin are not entred to be at the request of the party for whom the Iudgement is given ; nor by reason that the Costs in any Iudgment whatsoever are not entred to be by consent of the Palintiff : but that all such Omissions , Variances , Defects , and all other matters of like nature , not being against the right of the matter of the suit , nor whereby the Issue or Trial are altered , shall be amended by the Iustices or other Iudges of the Courts where such Iudgements are or shall be given , or whereunto the Record is or shall be removed by Writ of Error .

Proviso for Appeals , Indictments , Actions upon penal Laws , other then for Customs and Subsidies . Provided alwayes , and be it further Enacted by the Authority aforesaid , That this Act , or any thing therein contained , shall not extend to any Writ , Declaration , or suit of Appeal of Felony or Murder , nor to any Indictment or Presentment of Felony , Murder , Treason , or other matter , nor to any Processe upon any of them , nor to any Writ ; Bill , Action or Information upon any penal Statute , other then concerning Customes and Subsidies of Tunnage and Poundage ; Any thing in this Act contained to the contrary thereof in any wise notwithstanding .

And be it further Enacted by the Authority aforesaid , That from and after the Twentieth day of March , III. In what cases execution shall not be stayed by Writ of Error , but upon Recognizance entred according to ● Jac. cap. 8. in the Year of our Lord One thousand six hundred sixty and four , no Execution shall be stayed in any of the aforesaid Courts by Writ of Error or Supersedeas thereupon , after Verdict and Iudgment thereupon , in any Action personal whatsoever , unless a Recognizance with Condition according to the Statute made in the Third year of the Reign of our late Soveraign Lord King James shall be first acknowledged in the Court where such Iudgement shall be given . And further , That in Writs of Error to be brought upon any Iudgement after Verdict in any Writ of Dower , or in any Action of Ejection● Firmae , no execution shall be thereupon or thereby stayed , unless the Plaintiff or Plaintiffs in such Writ of Error shall be bound unto the Plaintiff in such Writ of Dower or Action of Ejectione firmae in such reasonable sum as the Court to which such Writ of Error shall be directed shall think fit , with Condition , that if the Iudgment shall be affirmed in the said Writ of Error , or that the said Writ of Error be discontinued in default of the Plaintiff or Plaintiffs therein , or that the said Plaintiff or Plaintiffs be nonsuit in such Writs of Error , that then the said Plaintiff or Plaintiffs shall pay such Costs , Damages , and sum and sums of Money as shall be awarded upon or after such Iudgment affirmed , Discontinuance or Nonsuit had .

And to the end that the same sum and sums , and damages may be ascertained , Proviso touching judgment in Dower and Ejectione firmae . It is further Enacted , That the Court wherein such Execution ought to be granted , upon such Affirmation , Discontinuance or Nonsuit , shall issue a Writ to enquire as well of the mean profits as of the damages by any Waste committed after the first Iudgment in Dower , or in Ejectione firmae ; And upon the Return thereof , Iudgment shall be given , and Execution awarded for such Mesne-profits , and damages , and also for Costs of Suit .

Provided , That this Act nor any thing therein contained , shall not extend to any Writ of Error to be brought by any Executor or Administrator , nor unto any Action popular , To what actions this Act shall not extend . nor unto any other Action which is or hereafter shall be brought upon any Penal Law or Statute ( except Actions of Debt for not setting forth of Tythes ) nor to any Indictment , Presentment , Inquisition , Information or Appeal ; Any thing herein before expressed to the contrary thereof in any wise notwithstanding .

Provided always , That this Act shall continue in force for three years , The continuance of this Act. and to the end of the next Session of Parliament after the expiration of the said thrée years , and no longer .

CAP. IX .

The Chancellour of the Dutchy impowred to grant Commissions for taking Affidavits within the Dutchy-Liberties .

FOr the greater ease and benefit of the Inhabitants within the County Palatine of Lancaster ▪ and other places within several other Counties of this Kingdom within the Survey of the Court of Dutchy-Chamber at VVestminster in the taking of Affidavits in the County to be made use of , and read in Causes depending and to be depending within the said Court , Be it Enacted by the Kings most Excellent Maiesty , by and with the advice and consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of the same , That the Chancellor of the said Dutchy and County Palatine of Lancaster for the time being , shall and may by one or more Commission or Commissions from time to time , as need shall require , impower what , and as many persons as he shall think fit and necessary within the said County Palatine and other Dutchy Liberties , to take and receive all and every such Affidavit or Affidavit's as any person or persons shall be willing and desirous to make before any of the persons so impowred , in or concerning any cause , matter or thing depending , or hereafter to be depending in the said Court of Dutchy-Chamber , as Masters of Chancery in Extraordinary do use to do , which said Affidavits shall be filed in the Office of the Clerk of the Court of the Dutchy , and then be read and made use of in the said Court to all intents and purposes , as other Affidavits taken in the said Court now are .

Provided , That for the taking of every such Affidavit the person or persons so impowred , and taking the same , shall for so doing , receive only the Sum or Fée of Twelve pence , and no more .

CAP. X.

An Act for Repairing the High-ways within the County of Hertford continued .

WHereas by a late Act of Parliament , Intituled , An Act for repairing the High-ways within the Counties of Hertford , Cambridg and Huntington , It was Enacted , 15 Car. 2. c. 1. That for the Repairing of the ancient High-way and Post-road leading from London to York , London . York . Lincolnshire . and from London into Lincolnshire , there should be a Toll paid at a certain place in every of the said several and respective Counties , and for Hertfordshire at Wades-Mill in the said County : which said Toll so set , is by the said Act to continue the space of eleven years and no longer , with this provision , That if the Iustices of the Peace at their Quarter Sessions in the respective Counties shall before the expiration of eleven years , adjudg the said Repairs to be sufficiently done , that from thenceforth it should cease . And whereas divers Gentlemen within the County of Hertford have heartily set themselves to take care for the repairing of the said ways within their County ; And in order thereunto finding that money could not be advanced by the Toll in so speedy a manner as to repair those ruinous ways ; And that none would lend their money on that Security , did , upon their own credits , borrow thirtéen hundred pounds on Interest , to effect the work intended by the said Act , which sum accordingly is laid out , together with such money as hath procéeded from the Toll before mentioned , in the repair of the said High-way , by which means they have so amended the said Road lying in that County , leading from London to York , that they have made the same from a Road impassable , to be to the satisfaction of all that travel that way very passable and convenient : but by reason of the great sum expended and laid out , so borrowed as aforesaid , the Toll will not be sufficient to repay the same within the years mentioned in the former Act with Interest for the same , and to finish the said work .

Hertford . Cambridg . Norfolk . New-Market . Puckeridge . Barley . And whereas there is a Road in the said County of Hertford that leads from London to Cambridg , and so into Norfolk , and likewise to New-Market , and so into Suffolk and other parts , which goes out of the forementioned Road at the end of the Town of Puckeridge , and so leadeth to Barly in the said County of Hertford , which is very ruinous , and requires as much the help of the Toll , in many places , as the forementioned Road did .

May it therefore please Your Majesty that it be Enacted , and be it Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , and by Authority of the same , That the Toll aforementioned to be taken at VVades-Mill for the County of Hertford , II. The full taken at Wades-Mill , continued . that by the former Act was to continue for eleven years and no longer , shall continue for the said County of Hertford for the space of One and twenty years , and no longer , the said Term to commence from the time mentioned in the Act before mentioned , and the money arising therefrom to be imployed for the payment of the Debt aforesaid with Interest , and also for further Repair of the High-way .

It is further Enacted and Declared by the Authority aforesaid , That the persons impowred in the forementioned Act for the repair of the High-ways within the County of Hertford , shall have the same power to repair the said High-ways leading from Puckeridge to Barley in the said County , For repairing the high-way from Puckeridg to Barley . as they have to repair the High-way in the said County leading from London to York ; And that they shall and may apply such part of the Toll thereunto , ( having an equal care of both High-ways ) as they in their Iudgments shall find néedful ; Any thing in the said former Act to the contrary notwithstanding .

Caxton . And whereas by the former recited Act , a Toll was erected and set to be taken at the Town of Caxton in the County of Cambridge for and towards the repairing the High-ways in the said County , the said Toll doth prove useless , and will not answer the end for which the same was intended , by reason of the Inconveniency of the place where the same was set .

Arrington-bridg Be it therefore Enacted by the Authority aforesaid , That the said Toll be and is hereby removed from the said Town of Caxton unto Arrington-Bridg , or the Town of Arrington , as shall séem most convenient by the Iustices of the Peace of the said County at their next Easter General-Quarter-Sessions of the Peace in the County aforesaid ; And that the same Toll shall be taken and received at Arrington-Bridg , or Arrington-Town aforesaid , according to the Rates , and by the same ways and means as in the former Act was appointed and declared , and to be imployed to the uses , purposes and intents therein also declared , any thing to the contrary in any wise notwithstanding .

A charge of six pence in the pound for repairing the said high-ways . Provided always , That all and every person and persons who by Law are chargeable towards the repairing of the said High-ways and Places aforesaid , shall still remain so chargeable , and pay six pence in the pound yearly , according to the true value of their Estate , for and towards the repair of the said High-ways , during the time of the continuance of this Toll , any thing in this Act to the contrary thereof in any wise notwithstanding .

III. The collector of the toll , how to account weekly . And be it further Enacted by the Authority aforesaid , That the Collector of this Toll shall wéekly account to the Receiver-General for the whole money received by vertue of this or the said former Act ; And the next Iustice of the Peace for the said County shall hereby have power to give an Oath to the said Collectors for the making of a true and perfect account of the money so received , which said account so made shall be returned into the next General-Quarter-Sessions to be held for the said County by the Iustice of Peace before whom such Oath was taken .

Proviso touching the continuance or determining the said toll . Provided also , That if at any time before the expiration of the said term of One and twenty years , the said High-ways shall be well and sufficiently amended and repaired , and so adjudged at the publick Quarter Sessions for the County of Hertford ; and that such Sum or Sums of money as is already borrowed and laid out , or shall be borrowed and laid out for the use aforesaid , be repaid with interest for the same : That from and after such Adjudication made , and repayment of such money so borrowed and laid out as aforesaid ; the aforesaid Toll in the said County shall cease and determine .

Proviso for adjudication of the amendment of the said high-ways . And be it further Enacted by the Authority aforesaid , That in case the Highways within the said County of Hertford shall be sufficiently amended , and that the Iustices of the Peace at their Quarter-Sessions shall fail to make an Adjudication thereof , That then in such default of the said Iustices of the Peace , it shall and may be lawful to and for the Iustices of Assize for the said County of Hertford to make such Adjudication , which being entred with the Clerk of the Assizes , shall be estéemed a good Adjudication of the amendment of the said Highways : And that then and from thenceforth , the said Debt being fully satisfied to such as shall have advanced any moneys thereupon , the said Toll shall cease and determine , any thing in this Act to the contrary thereof in any wise notwithstanding .

And whereas in this present Act it is provided , That all and every person and persons who by Law are chargeable towards the repairing of the said High-ways and places aforesaid , shall still remain so chargeable , and pay six pence in the pound yearly , according to the true value of their Estates , for and towards the repair of the said High-ways , during the time of the continuance of the said Toll .

Be it therefore Provided and Enacted by the Authority aforesaid , That the aforesaid sum of six pence in the pound shall be paid unto the Treasurer appointed to receive the aforesaid Toll , How the said six pence in the pound shall be paid and ●evied . in like manner as the said Toll is appointed to be paid by the aforesaid Act : And for default of payment of the said Rate of six pence in the pound , in manner as aforesaid , by the space of six dayes after demand made , That it shall and may be lawful for the Surveyors of the High-ways for the time being , and they are hereby impowred to levy the same by Distress and Sale of the Goods of the party refusing to pay the same acccordingly , restoring the Overplus ( if any be ) to the Owner .

CAP. XI .

For Draining of the Fenn , called Deeping-Fenn , and other Fenns therein mentioned .

WHereas at a Session of Sewers , holden at Bourne in the County of Lincoln , the twentieth day of August , in the one and fortieth year of the Reign of Quéen Elizabeth , for the recovery and Draining of certain Fenns in Holland and Kestiven in the County of Lincoln , called or known by the names of Deeping-Fenn , Pinchbeck and Spalding , South-Fenn , Thurlby-Fenn , Deeping . Pinchbeck . Thurlby . Bourn and Croyland - fens . Bourn-South-Fenn and Croyland-Fenn , alias Goggushland ; It was by the Commissioners then and there assembled , Ordered and Decréed , That the sum of twelve thousand pounds should be levied and gathered upon the Lords and Inhabitants of certain Towns in Kestiven and Holland , Commoners in the said Fenns , for Draining the same , and should be paid in to certain persons therein nominated to receive the same , at or before the tenth day of September then next ensuing ; which said sum being neglected to be paid , the said Fens by reason thereof could not be Drained , acccording to the Form by the said Law intended : The said Commissioners therefore well tendring the great profit that would arise to all persons concerned , and to the Commonwealth in general , if the same might be Drained , at several Sessions of Sewers held at Market-Deeping the twentieth day of September , in the said one and fortieth year of Quéen Elizabeth , and at Market-D●●ping aforesaid the twentieth day of August , in the two and fortieth year of the Reign of the said Quéen , did Ordain and Decrée , That the said Fens and Marsh-Grounds should be forthwith taken in hand to be Drained , and that Thomas Lovell Esquire ( a man skilful in works of that nature ) should be admitted to undertake the same under the Covenants therein mentioned : And in pursuance thereof , the said Thomas Lovell did undertake the said Works , and made some progress therein ; and afterwards one third part of the said several Fens were by the said Commissioners of Sewers set out by Metes and Bounds , and allotted to the said Thomas Lovell in recompence of his costs , charges and endeavours , applied and expended therein ; And after , A third part assigned and set out to Thomas Lovel . the said third part was by the said Commissioners of Sewers decréed to the said Thomas Lovell , and his heirs , in recompense of his said work of Draining , and of his charges and expences therein , to have and to hold to the said Thomas Lovell , his heirs and assigns for ever .

And whereas by an Act of Parliament made at Westminster in the first year of King James , Intituled , An Act for relief of Thomas Lovell Esquire , the above recited Decrées of Sewers were Ratified and Confirmed ; And the said third part of the said Fens and Marsh-grounds , as they were allotted and set out by the said Commissioners , were by the said Act Ordained , Enacted and Established to be held by the said Thomas Lovel , his Heirs and Assigns for ever , under the Provisoes , Conditions and Appointments in the said Decrées , and Act of Parliament mentioned and expressed , as by the said Act of Parliament and Decrées of Sewers more fully may appear . And whereas the said Thomas Lovel immediately after the making the said Act of Parliament entred into the said Lands set out and assigned as a third part of the said several Fens , and by vertue of the said Decrées and Act of Parliament became seised thereof , and he and his heirs and Assigns have ever since , till of late years , held and enjoyed the same , untill ( by some neglect in the Assigns of the said Thomas Lovel , and failer in the Maintaining , Scowring and Cleansing the said Banks , Rivers , Sewers and other Works necessary thereunto ) occasioned by some differences arising betwéen the said Assigns of the said Thomas Lovel , and the Lords , Owners and Commoners of the said Fens , about the enjoyment of some additional recompence allotted to the said Assigns of the said Thomas Lovel , by a subsequent Law of Sewers ( made at Spalding ) not onely the said Fens and Marsh-grounds are returned into their antient condition of being hurtfully surrounded and annoyed with waters ; but a great and considerable part of some adjacent Towns of Holland have béen overflowed and laid desolate , and many habitations and families who formerly lived comfortably there , utterly ruined and destroyed thereby , and yet continue in manifest danger in all seasons of wet weather and flouds , to fall into the said calamities ; which great mischief is by long and indubitable experience found to arise principally from several imperfections in the said Decrées and Acts of Parliament .

To the end therefore that the said Countrey , being in its own nature very rich and fertile , and wherein the King , and Quéens Majesty his Mother , have large Possessions , ( and many ancient Families and Inhabitants their whole subsistence ) may not longer remain in such manifest danger of being utterly lost , nor the Commonwealth continue longer deprived of those advantages which would arise from the performance of the said Works :

Be it Enacted by the Kings most Excellent Maiesty , by and with the consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of the same , That the said Decrées , and Act of Parliament above mentioned , and every Clause , Article and Thing therein contained , A certain Act and decrees made for the said Thomas L●vel repealed . other then such as are herein after mentioned , Enacted , Ratified and confirmed , shall be and are hereby repealed and made void to all intents and purposes whatsoever .

And inasmuch as the Right Honourable Thomas Earl of Berkshire and the Lady Elizabeth his Wife , and Charles Lord Howard of Charlton , commonly called the Lord Viscount Andover , their Eldest son and heir apparent ; The Right Honourable Robert Lord Bruce Baron of Wharlton in the Kingdom of England and Earl of Elgin in the Kingdom of Scotland , and the Lady Diana his wife ; The Right Honourable Anne Countess of Stamford , and Thomas Lord Grey of Groby , have formerly held and derived to themselves , with remainders over to several other persons , by several Conveyances from or under the Right Honourable William late Earl of Exeter , and Elizabeth late Countess of Exeter , or one of them , several interests in the said third part of the said Lands , allotted to the said Lovel , his heirs and assigns ; and to other proportions by subsequent Decrées of Sewers , and towards the Dreyning and maintaining thereof ; they , the said Right Honourable William late Earl of Exeter , and Elizabeth late Countess Dowager of Exeter , under whom , or one of whom they claim , and Thomas late Earl of Exeter , from whom the said William late Earl , and Elizabeth late Countess Dowager of Exeter derived their title , have expended several great sums of money , but have not so fully effected the said works , nor introduced those beneāts and advantages which were expected : And for reason do alledg , that the third part , and subsequent allotments are not Recompence sufficient to answer the charge of a more perfect performance of the said work ; but offer to procéed and perfectly to effect the same , if they may have a sufficient recompence and compensation for their Hazard , Charge and Pains therein : Be it Enacted by the Authority aforesaid , Trustees and undertakers made for dreyning the said Fens . That Edward Earl of Manchester , Lord Chamberlain of his Majesties Houshold ; William Earl of Devonshire ; John Lord Berkley of Stratton ; Anchatil Grey Esquire ; Henry Grey Esquire , and their Heirs and Assigns , and the Survivor of them , shall be , and are hereby declared to be the Vndertakers for the Dreining of the said Fens , and every of them , in trust to and for such person and persons , and to such intents and purposes as are herein after mentioned . And that within the space of seven years next ensuing , they , their heirs and assigns shall and will at their proper costs and charges recover and make dry the said Fens , and every of them , and make the same firm and depasturable for Cattel at all times of the year , except two or thrée hundred Acres or thereabouts in the said Fens called Deeping-Fen , and Goggisland , and forty Acres or thereabouts in the said Fens called Thursby-Fen and Bourn-South-Fen , which are to be left for Lakes and Sykes for the receipt of Waters within the same ; And also , except such Drains and Sewers as now be , or hereafter shall be made within the said Fens , or any of them for the Dreyning thereof , and so much of the grounds adjoyning to the Rivers , Dreyns and Sewers within the said Fens , as lye , or shall lye betwéen the said Rivers , Dreyns or Sewers , and the Banks made or to be made for kéeping the Waters lying in the said Rivers , Dreyns or Sewers , from overflowing the rest of the said Fens . And also shall for ever hereafter at their own costs and charges , not only repair , exalt , maintain and keep , as néed shall require , the Banks environing and encompassing the said Fens and every of them , but also the Bank on the East-side of the River of Welland , from a place in Crowland called Brother-house to Spalding high-bridg . And also the Bank on the North-side of the River Glean , from Gutheram Coat to a place called Dovehum in Pinchbeck ; and thereof , and of all and every the said Banks above-named , shall for ever hereafter exonerate , acquit , discharge and save harmless as well the Kings Majesty , his Heirs and Successors , as the Quéen Dowager , her Tenants and under-Tenants , and all other person and persons , their Heirs and Assigns , of and for their repairing and amending of their several parts and allotments of the same ; but also that they the said Trustées , their Heirs and Assigns , and the Survivor of them at their own proper Costs and Charges , shall for ever maintain and kéep the Rivers of Glean and Welland with sufficient Dyking , Roading , Scowring and Banking , ( viz. ) the River of Welland from the Outgang at the East end of East-Dieping leading into the said Fens , Glean and Welland Rivers . unto the Out-fall thereof into the Sea ; and to preserve and maintain the Navigation thereof without Imposition or paying any thing whatsoever for the same , but with liberty to alter and divert the Course and Channel of the same into any other part or parts of the said Fens before it cometh to the said Corner of Dieping-Fen abutting upon Hawthorne-Bank , from whence through the said Town of Spalding as it now passeth to the Sea , it shall not be lawful to divert the Course thereof : And with like liberty to divert the said River of Glean before it cometh to the place called Pinchbeck-Barrs or Dovehurne in Pinchbeck ; from which place called Dovehurne through the said Town and the Town of Surflet as it now passeth to the Sea , it shall not be lawful to divert the same , or prejudice the Navigation thereof . And all manner of Dreins , Sewers and Passages for Waters and other Water-works whatsoever , which now are or hereafter shall be made within or without the said Fens for the draining of the said Fens , or any of them which shall be necessary to be made or continued in order to the preserving the said Fens from Surrounder . And thereof , and of all and every the said Rivers to discharge , exonerate , acquit and save harmless , as well the Kings and the said Quéens Majesties , his Heirs and Successors , their Tenants and Vnder-tenants , as all other person and persons , their Heirs and Assigns , of and for the repairing and amending of their several parts and allotments in them and every of them .

Be it further Enacted by the Authority aforesaid , That the said Trustées , their Heirs and Assigns , or the Survivor of them shall at their own proper Costs and Charges make , Sufficient Gates and Bridges to be made . set down and maintain such reasonable and convenient Bridges , with Gates unto the same , in wideness not excéeding twelve foot , being well and sufficiently railed or walled against the sides ; as well over any Drain or Ditch now made or hereafter to be made , whereby passage may be had into the Fens in such and so many fit and convenient places as shall be thought fit and ordered by any six Commissioners of Sewers for the said County of Lincoln , in their publick and open Sessions , and the same shall for ever kéep and maintain for convenient and ready passage with Carts and Carriages , and all sorts of Cattel , into , and forth of the said Fens and every of them .

And it is further Enacted by the Authority aforesaid , That the said Trustées , The powers of the said Trustees and Vndertakers . their Heirs and Assigns , or the survivor of them , for the better Dreyning and kéeping dry of the aforesaid Fens , shall and may at their wills and pleasures desert , or maintain and continue all such Dreyns as now are in the said Fens or any of them , at the old or accustomable wideness and breadth , or otherwise enlarge the same at their will and pleasure within the said Fens : And likewise may at their will and pleasure make any new Dreyns , Ditches and Sewers within the said Fens or any of them , or without towards the Sea , of what quantity , depth or wideness they shall think best ; which Dreyns , and every of them shall have liberty to run above the soyl , so as the waters of the same be kept within the banks of the several and respective Dreyns now made or hereafter to be made , except so much of the said waters as unavoidably shall soak through the Banks , for which also satisfaction is to be made to any person or persons suffering damage thereby , as shall be awarded by the said Commissioners of Sewers , or any six of them in the open Sessions , so as the Inhabitants of Spalding and Pinchbeck may have a liberty to set down and stop such Sluces , Tunnels and Gages of water and Locks as are or shall be made upon any the said Rivers and Dreyns ( except the said Rivers of Welland , Glean and the Westlode ) at such time or times as two Commissioners of Sewers for the parts of Holland shall judg seasonable and necessary for the Dreyning of their In-grounds : Provived the same excéed not two moneths in the year . And if at any time or times hereafter for ever , any of the bank or banks of the Dreyn or Dreyns , now or hereafter to be made for the Dreyning of the said Fens , or preservation of the said Country happen to break or to be overflown , whereby the waters have issue and fall into any the several Lands of the Towns of the Wapentake of Elloe , That immediately upon such breach or overflowing , it shall or may be lawful for all , or any the Dykereeves , Officers or other Inhabitants of any the Towns in Elloe aforesaid , to set down the Clowe of such Dreyn or Dreyns , or otherwise to stop the same , till the banks thereof so breaking or overflowed , from time to time be sufficiently repaired , strengthened and heightened .

And be it further Enacted by the Authority aforesaid , That the Currents or Channels of the River of Glean and Welland , and the VVestlode , Glean , Welland , Westlode . shall not be diverted or turned into any other Tract or Course whatsoever ( that is to say ) from a place called Dovehurn in Pinchbeck to the Outfall , and from a Bank in Spalding , called Hawthorne-bank to the Outfall , but shall be kept Navigable , as formerly they were , down to the Sea .

And be it further Enacted by the Authority aforesaid , That if any Gool or Gools , Breach or Breaches , Overflowing or Overflowings of waters shall happen at any time hereafter to be in , What shall be done in case of Gools or breaches , or overflowings . over , or through any of the said Banks made or to be made within the said Fens , for the defence and preservation of the same , other then the Bank called the Dozens , and the Bank called Hawthorne-bank , to the surrounding or annoyance of the said Fens or any part of them within their charge as aforesaid , and the same be not amended by the said Trustees , their Heirs and Assigns , or the Survivor of them , within ten dayes after such Breach , Goole or Overflowing , That then it shall and may be lawful to and for any of the said Dikeréeves or Surveyors of Sewers in Spalding or Pinchbeck , or any of the other Towns in the Wapentake of Nesse or Elloe in the said County of Lincoln , where the said Breach or Breaches , Goole or Gooles , Overflowing or Overflowings of water shall happen to be , forthwith and immediately after the said ten days , to repair the same at the only Costs and Charges of them the said Trustées , their Heirs and Assigns , or the Survivor of them . All which said sum or sums of money so by the said Dikeréeves and Surveyors of Sewers , or any of them expended in and about the Taking , Repairing and Amending of any such Breach or Breaches , Goole or Gooles , Overflowing or Overflowings of waters , in or over the said Bank or Banks respectively , They the said Trustées , their Heirs and Assigns or the Survivor of them , shall pay or cause to be paid to the said Dikeréeve or Dikeréeves , Surveyor or Surveyors so expending the same , upon a note delivered in writing to the said Trustées , their Heirs or Assigns , or the Survivor of them , their Tenants or Vnder-Tenants , Servants or Agents , or any of them , by the said Dikeréeve or Dikeréeves , Surveyor or Surveyors , testified under the hands of two Commissioners of Sewers , one being of the Quorum , containing as well the names of the Labourers that repaired the said Breach or Breaches , Goole or Gooles , Overflowing or Overflowings , as the Wages paid to them , and the rates and prices of all other necessary charges imployed and bestowed in and about the same , with their convenient Salary and Wages for their pains in that behalf , at the discretion of two such Commissioners as aforesaid : The which , if the said Trustées , their Heirs or Assigns or the Survivor of them , or their Tenants or Vnder-Tenants , Agents or Servants , shall refuse or neglect to do , That then it shall and may be lawful to and for the said Officers or persons , or any of them that shall make up any such Breach or Breaches , Goole or Gooles , Overflowing or Overflowings , or sustain such damages as aforesaid , to enter into the said third part of the said Fens , or into the five thousand Acres additional recompence herein after given by this present Act , or into any part thereof , and to distrain and impound the Horses , Beasts , Shéep or Goods and Chattels of them the said Trustées , their Heirs and Assigns or the Survivor of them , or any Tenant or Tenants , Farmer or Farmers , Occupier or Occupiers of all or any part of the said third part , and of the said five thousand Acres ; And from and after the fourth day of the said distress and impoundment ( in case the said sum or sums so expended and demanded be not then paid ) sale thereof to make , without allowance of Replevin ; and with the money thereupon arising , to pay and satisfy all sums of money for the said Works expended , and to be allowed as abovesaid , rendring the overplus to the Owner , if any overplus be , over and above the Charges aforesaid and Charges of kéeping .

Provided always , and be it further Enacted , That if any breach , goole , hole or holes , or flowing of waters shall happen to be in , over or through the said bank called the Dozens , the said bank called Hawthorn-bank , Dozens , Hawthor●-bank East-bank . the said bank called the East-bank , the said bank on the Northside of the River Gleane , or any other bank made or to be made without the said Fens by the said Trustées , their heirs or assigns , or the survivors of them , for , or in order to the Dreyning of the said Fens , That then , and in every such case , it shall and may be lawful for the Dykeréeves and Surveyors of Sewers in Pinchbeck and Spalding , or any of the Towns in the Wapentake of Nesse or Elloe aforesaid , where the said breach , goole or flowing shall be , forthwith and immediately to repair the same at the costs and charges of the said Trustées , their heirs and assigns , or the survivor of them , to be had and levied in manner and form as is before expressed and declared , for or concerning the said banks , environing , or made or to be made for the Dreyning or preservation of the said Fens .

And be it further Enacted by the Authority aforesaid , That if it fortune that at any time hereafter , by the negligence of the said Trustées , their heirs and assigns or the survivor of them , in not sufficiently maintaining , Satisfaction for damage to particular persons how to be made . scowring , dyking or cleansing of any Rivers , Banks , Sewers or Dreyns whatsoever , which now are , or hereafter shall be made for dreyning of the said Fens , and securing of the Country ; or that by any inconvenient placing , setting , cutting or making of any Dreyn , Gote or Sluce upon the same , that the Countrey or any private or particular person receive loss or harm thereby ; That the said Trustées , their heirs and assigns , or the survivor of them or some of them , shall make such recompence and satisfaction for the same to every person and persons sustaining any damage thereby , as six Commissioners of Sewers for the said part of Holland , whereof thrée to be of the Quorum , shall award and appoint under their hands and seals ( if the said Lords Adventurers , their heirs and assigns shall not have otherwise satisfied the same ) which if they the said Lords Adventurers , their heirs and assigns shall neglect to pay and satisfy to the person and persons sustaining the same , their Executors or Assigns , by the space of twenty days after demand made thereof to them the said Trustées , their heirs and assigns or the survivor of them , or the Agents , Tenants or under-tenants of them ; That then and from thenceforth , it shall and may be lawful to and for every such person and persons sustaining the same damage , their heirs , executors , administrators and assigns , and every of them respectively , to enter into the same third part , and into the said five thousand Acres , and every or any part thereof , and to levy the same damages so as aforesaid awarded and appointed , by distress and sale of the goods and chattels of them the said Trustées , their heirs and assigns or the survivor of them , or any Tenant or Tenants , Farmer or Farmers , Occupier or Occupiers , of all or any part of the said third part of the said Fens , or the said five thousand Acres , and present sale thereof to make after the fourth day of impoundment ( and payment of such money then not made ) without allowance of Replevin , rendring the overplus to the Owner ( if any overplus there be ) : And if the said Trustées , their heirs or assigns or the survivor of them or any of them , shall think it necessary for the enlargement of any old Dreyn , River or Bank , out of the said Fens , avobe that which formerly they were , or for making any new Dreyn , River or Bank , to cut or cover the several soyl of any person or persons , That then the said Trustées , their heirs and assigns or the survivor of them , shall compound and agrée with the Owner or Owners thereof ( if they can agrée ) And if they cannot agrée , that the value of the damage shall be set down by six of the Commissioners of Sewers , whereof thrée to be of the Quorum , and the money shall be paid or tendred before such time as the said soyl shall be cut or covered , and upon payment or tender of the said money , it shall be lawfull for them to cut or cover the said soyl , for making the said Dreyns , Rivers or Banks .

Dower to put up Bridges , Drains , &c. And be it further Enacted by the Authority aforesaid , That it shall and may be lawful to and for the said Trustées , their heirs and assigns or the survivor of them , to pull up any Cart-bridges of Wood or Stone , or any Foot or Horse-bridges , Clowes or Water-bridges that now lye over the said two Rivers of Glean and Welland , the Rivers of Westload and Starfengraft , Vernatts , or any of them , or any other Dreyns that be too strait or narrow , or otherwise may hinder the course and passage of the waters in the said Rivers or of any Dreyn to be devised by the said Trustées , their heirs or assigns or the survivor of them ; and also to pull up all Wears and Purprestures in the said Rivers and Dreyns that hinder the passage of the water . Provided that they shall forthwith sufficiently build and make again at their own proper costs and charges the great Bridg over Spalding-river ( commonly called the high-bridg ) of lime and stone , and all such other cart-bridges , horse-bridges , Clowes or Water-bridges of lime , stone or timber respectively , as the former were , which have béen or shall be so pulled down , to be enlarged or made wider . And that all and every the ancient Bridges and Tunnels under and over any of the Rivers and Dreyns , The said bridges , tunnels &c. how to be repaired . and every of them , be repaired and for ever maintained at the charges of them the said Trustées , their Heirs or Assigns , or the Survivor of them . And if it shall happen the said Bridges or any of them , shall not be made or repaired by the said Trustées , their Heirs or Assigns or the survivor of them , in convenient time according to the true intent or meaning of this Act , That then it shall and may be lawful to and for the Commissioners of Sewers in their publick Sessions from time to time to order and decrée how much or what sum or sums of money shall or may be necessary or fitting to be raised for effecting the same . And if after notice of the said Determinations of the said Commissioners by a note in writing under the hand of the Clerk of the Sewers , given to the said Trustées their Heirs or Assigns or the survivor of them , they shall not pay or cause the same , so adjudged , to be paid within thirty dayes after such notice , That then it shall and may be lawful to and for the said Commissioners of Sewers by their Warrants to levy the same by distress and sale of the Goods and Cattel levant and couchant upon any of the Lands within the said Fens , hereby vested and setled in the said Trustées , their heirs and assigns or the survivor of them . And if it shall fall out that the said High Bridge over Spalding River be not finished before the five and twentieth of March One thousand six hundred and seventy , That then the said Trustées , Spalding-brid● their heirs and assigns or the survivor of them , shall forfeit the full and just sum of one hundred and fifty pounds to Peircy Church Esquire , his Executors or Assigns , which shall and may be raised by the Commissioners of Sewers for the time being at the publick Sessions , by sale of part of the said third part of the said Fens , or of the said thrée thousand five hundred Acres therein mentioned , and be by them accordingly paid over to the said Peircy Church , his Executors or Assigns , and the person and persons , and their heirs to whom such sale shall be made , shall and may for ever then after hold and enjoy the same by vertue of such sale , and of this present Act , any thing herein to the contrary notwithstanding .

And be it further Enacted by the Authority aforesaid , That for the better preservation of the said Banks environing the said Fens or made within the said Fens for the defence of the same , Preservation of the Banks . it shall and may be lawful to and for the said Trustées , their heirs and assigns or the survivor of them , to cut the ground lying betwéen the outring-Banks and the said Rivers or either of them , to take earth , manure and litter for repairing the said Banks so often as néed shall require , or to them shall séem méet and convenient , so that such cutting be not extended or made above six score foot distant from the said Banks , and to erect , make and kéep such and so many sufficient Bars and Slakers , and in such places as shall séem most fit and convenient to the said Trustées , their heirs and assigns or the survivor of them ; The Slakers to take off the surplusage of Waters , and the Bars to hinder the passage of Horsmen and drifts of Cattel over the same Banks in the times hereafter prohibited . And to the end that the Banks should not be impaired by horsemen , drifts of shéep , horses , beasts and other Cattel , It is hereby Enacted by the Authority aforesaid , That no person or persons whatsoever ( except as hereafter is excepted ) shall at any time or times hereafter in any year betwéen Michaelmas-day , and the first day of May , drive or cause to be driven any Horses , Oxen , Shéep or any other kind of Cattel over or upon any of the said Banks , without first paying to them the said Trustées , their heirs and assigns or the survivor of them , after the rate of four pence for every score of Shéep , and for every other Beast the sum of four pence ; which they , their heirs and assigns are hereby authorized to demand and receive .

Provided nevertheless , and be it Enacted , That all and every the Lords , Proviso for ▪ owners and commoners . Owners and Commoners of or in all , or any part of the said Fens , shall have frée liberty at all times of the year , for them , their Horses , Servants and Cattel to pass and repass upon any Bank or Banks , Drove or Droves , in or compassing the said Fens , without paying any thing for so doing , if such person or persons claiming such fréedom do not usually buy Shéep or Cattel and trade that way to London with such Cattel or Shéep as are not of their own féeding for a Moneth before .

And be it Enacted by the Authority aforesaid , Horsemen and cattel landing upon the banks . That no person or persons whatsoever kéeping a Horse-boat , either at Croyland , Cloote , Deeping , Baston , Eastcoate , Pinchbeck , Spalding or Cowbet , shall land any horsemen with their horses or cattel upon any the said Banks , at any time hereafter betwéen Michaelmas day and the first day of May , but at Waldrome-Hall , Baston , Spoute , Dovehurne , Cloote or Croyland , without licence first thereunto had and obtained from the said Trustées , their heirs and assigns or the survivor of them , upon pain and forfeiture to be made and paid , for every horse and neat beast , six pence , and for every score of shéep , four pence to the said Trustées , their heirs and assigns or the survivor of them : And that no manner of person or persons shall draw any Boat on , or over any the Banks in , or compassing the said Fens , but in such places only as are or shall be appointed for that purpose .

And it is further Enacted by the Authority aforesaid , That no Swine of what sort soever , Swine . ringed or unringed , be put upon the said Fens or any of them , betwéen the said Banks and the Wearditches , but that they shall be put into the Fens at usual places where other Cattel are put in ; And that the Swine so put , shall be ringed , upon pain of every Hog so found unringed , to forfeit to them the said Trustées , their heirs or assigns or the survivor of them , the sum of two pence for every time so found , to be levied by distress and impounding of such Hog or Hogs .

And it is further Enacted by the Authority aforesaid , That the said Trustées , their heirs and assigns or the survivor of them , their or any of their Tenants , Farmers or Ground-holders of any part of the said third part , or of the said Fen , or of the said five thousand Acres , shall not have any time hereafter , use or claim any Common of Pasture or other Commonage of Pasturing in any part of the remainder of the said Fens nor any of them , nor in the North Fen of Pinchbeck and Spalding , Poor Inhabitants . nor any part thereof , by vertue or pretence of his or their residence there : But all and every the Inhabitants that may hereafter be upon any part of the said third part , or upon any part of the said five thousand Acres , and are not able to maintain themselves , shall be maintained and kept by the said Trustées , their heirs and assigns and the survivor of them , and never become chargeable in any kind , to all or any the respective Parishes wherein such Inhabitant or Inhabitants shall reside or dwell , any Statute or Law to the contrary hereof in any wise notwithstanding .

And be it further Enacted by the Authority aforesaid , That no water shall be let or taken out of the Rivers of Gleane or Welland , Water shall not be set out of the rivers of Glean and Welland . or any other the said Dreyn or Dreyns , by any Sluce , Cut or Tunnel without the licence of the said Trustées , their heirs or assigns or the survivor of them , or by Order of six Commissioners of Sewers , who likewise are to take order that such Cut or Cuts made for the taking thereof , shall be made up again at the charge of the person or persons for whose benefit the same were made , but for necessary houshold uses , by such as now lye by some Law of Sewers already setled : And in case any abuse of the said Tunnels happen to be , that then the said Trustées , their heirs or assigns or the survivor of them , their servants or agents shall have power immediately to stop the same .

Pinchbeck ▪ Spalding ▪ Blewgate - sluce . And it is further Enacted by the Authority aforesaid , That the Inhabitants of Pinchbeck and Spalding shall for ever hereafter have the use of a certain Gote or Sluce called Blewgate , and the Dreyn leading thereto , so as the said Trustees , their heirs or assigns , shall not be put to any charge for the repairing or maintaining of the same .

The dreyn from Boston-bank to Winsoever . And be it further Enacted by the Authority aforesaid , That the Loads or Dreyn under the Dozens , from Baston-bank to Winsoever , be Ditched two hundred foot more inward into the said Fens then now it is , and the earth laid on that side the bank next the Town of Pinchbeck .

And be it further Enacted by the Authority aforesaid , That for and in consideration of all the moneys already expended in and about the Dreyning of the said Fens , and in consideration of the doing and performing of the Works aforesaid hereafter to be done , and of all and every of them about the Recovering , The proportion estates upon the trustees & ●ndertakers . Inning and Dreyning of the said Fens and every of them , that they the said Trustées , their heirs and assigns or the survivor of them , shall from henceforth have , hold , peaceably occupy and enjoy to them , their heirs and assigns in Fee-simple for ever , the said third part of the said Fens and Marshes formerly assigned to the said Thomas Lovel , his heirs and assigns , as also three thousand five hundred Acres added and allotted by a Decrée of Sewers made at Spalding in the said Fens , and one thousand Acres out of that part of the said Fens , formerly taken in for the Quéens improvement , and five hundred Acres more to be taken proportionably out of the residue of the said Fens in Kestiven and Holland , next adjoyning to the said three thousand five hundred Acres ; which three thousand five hundred Acres and one thousand Acres , and five thousand Acres last mentioned , are to be demeasured by Statute-measure by two Artists , and set out by them at the charge of the said Trustees , their heirs or assigns or the survivor of them , one to be chosen by the Commissioners of Sewers of Kestiven and Holland , and one other by the said Vndertakers ; but upon the Trusts hereafter mentioned : That is to say , as touching and concerning eight thousand thirty six Acres thereof mentioned in a Schedule annexed to an Indenture of Fifteen parts , dated the second of August 1650. made betwéen Elizabeth Countess Dowager of Exeter and others therein named , and two thousand Acres more to be indifferently set out within six moneths after the passing of this Act , amounting in the whole to ten thousand thirty six Acres ; in Trust , That the said Trustées , their heirs and assigns or the survivor of them , shall grant and convey the same to such person or persons , or for such Estates in Fee-simple or otherwise , in such manner as the said Thomas Earl of Berks , the said Lord Andover , Lord Bruce and John Lord Berkley of Stratton shall appoint . And as for , touching and concerning the residue of the said Fens , by this Act allotted for recompence for the said Dreyning moreover and above the said eight thousand thirty six Acres , and two thousand Acres in Trust for the said Earl of Berkshire and the Lady Elizabeth his Wife , the said Lord Andover , the said Earl of Elgin , Countess of Stamford and Lord Grey , and such other person and persons to whom the Remainder upon their Estates are limited , according to their several and respective Interests and Estates as aforesaid , made or derived from , by or under the said William late Earl of Exeter and Elizabeth late Countess of Exeter or either of them , their , or either of their heirs or assigns : And in case the said Commissioners shall not nominate a Surveyor within thrée moneths after nomination by the said Trustées , their heirs or assigns or the survivor of them , and both to be sworn by the said Commissioners , and notice thereof to be given to the said Commissioners , That then the said Trustées , their heirs or assigns or the survivor of them , shall procéed as aforesaid by their own Artist .

The trustees shall fence and inclose the third part , &c. Provided also , And be it Enacted by the Authority aforesaid , That the said Trustées , their heirs and assigns and the survivor of them , shall at all times hereafter sufficiently fence and inclose the said third part , and all other the Lands by this Act to them granted on all parts , against the Lords and Commoners of and in the residue of the said Fens : And if any of their Cattel shall enter or break into the said third part , and other Lands so granted or any part thereof , in default of the Inclosure thereof ; It shall not be lawful for the said Trustées , their heirs or assigns or the survivor of them , to Distrain or Impound the same , or to maintain any Action for any such Entry , Depasturing or other Trespass happening in such default : And if any such Action be brought , it shall be lawful for the Defendant or Defendants therein to plead the General Issue and to give this Act in Evidence . And that the two Drove-ways in the said Fens , called the North-drove and South-drove , leading from the parts of Kestiven into the parts of Holland , be continued open and common through the said third part , and Lands to them granted for the use and benefit of the Lords and Commoners for a Drift-way for them and the said Vndertakers : And also that the Banks or Dreyns ( by vertue of this Act ) to be continued or made , shall not stop or hinder the Land-waters falling from the parts of Kestiven into the said Fen , but shall and may receive and carry the same away .

Provided always , That this Act or any Clause , Article , Sentence or Penalty therein contained , mentioned or expressed , shall not extend to charge the persons of the said Trustées , their heirs or assigns or the survivor of them , or any the Estate or Estates real or personal of them the said Trustées , their heirs or assigns or the survivor of them , other then their Estate and Estates of and in the said Fens .

Provided also and upon condition , That if the said Trustées , their heirs or assigns or the survivor of them , shall neglect the Inning and Dreyning of the said Fens , and every or any of them , The penalty upon neglect to dreyn the said fens within seven years , and so after to keep & maintain them . and shall not fully and perfectly finish the Dreyning of the same before the end and expiration of the said seven years as aforesaid , according to the intent and purport of this Act , or shall not after the Inning or Dreyning thereof , kéep and maintain the said Fens and every of them after the end and term of the said seven years , dry , firm and depasturable ground for Cattel at all times in the year ( except such Lakes , Dreyns , Sewers , Portions and Quantities of the said Fens as are before excepted ) but shall wilfully and negligently suffer the said Fens and Wastes or the most part of the same to be again drowned and overflowed by the space of five years at any time after the expiration of the said seven years , and the same be found and adjudged hurtfully surrounded in default of the said Trustées , their heirs and assigns or the survivor of them ( contrary to this Act ) by twelve Commissioners of Sewers or the greater number of them , whereof six to be of the parts of Holland , and six of Kestiven , of which twelve Commissioners , thrée of either of the said parts to be of the Quorum , upon their view or inquisition or presentment of Iury that the same hath so long continued drowned , and that Iudgment be certified of Record into the High Court of Chancery under their hands and seals or the greater number of them ; That then and from thenceforth the trust of the said Trustées , their heirs and assigns or the survivor of them , of , in and to the said third part , and the said other parts and proportions added and allotted for a further recompence as aforesaid , for the said Earl and Countess of Berkshire , Lord Howard of Charlton , Lord Bruce , Countess of Stamford , Lord Grey , and other persons in remainder as aforesaid , and all and every estate and estates whatsoever by them granted , conveyed , or in any manner executed , of all or any the said third part or other proportions added and allotted for further recompence to any person or persons whomsoever , in execution , pursuance or discharge of their said trust , or otherwise shall cease , determine and be utterly void to all intents and purposes whatsoever , and not to be helped , altered or relieved in any Court or by any course of Law or Equity , and that then and from thenceforth the said Trustées , their heirs and assigns or the survivor of them , shall stand and be seised of all the said third part and the additional allotments in trust , to permit and suffer the said Commissioners of Sewers of Kestiven and Holland , to take , perceive and receive the whole Rents , Issues and profits , to the end the same may be laid out and expended for the regaining of the said Fens , and to defray the charge which the Country shall or may be put unto to preserve themselves and their other Lands from being surrounded or damnified by the said waters , in default of maintaining of the said Banks and doing other the said works which ought to have béen made and repaired by the said Trustées , their heirs and assigns or the survivor of them : And upon further trust likewise , That the said Trustees , their heirs and assigns or the survivor of them , shall and will from time to time and at all times , make and execute such estate and estates as twelve Commissioners of Sewers of the parts of Holland and Kestiven , whereof thrée of each part to be of the Quorum , shall by writing under their hands and seals direct and appoint .

And be it Enacted and declared , That all such estate and estates so by them made , shall be , and be , and be deemed and taken to be good and effectual in Law to all intents and purposes , as if the same were in this present Act particularly and by proper names mentioned and expressed .

And be it further Enacted by the Authority aforesaid , That if the said Trustées , their heirs or assigns or the survivor of them , shall not , or do not , at or before the said term of seven years , well and truly pay or cause to be paid the full and just sum of one hundred pounds of lawful money of England into the hands of such person or persons as the said Commissioners of Sewers in their publick Sessions from time to time shall appoint to receive the same , That then and in such case , it shall and may be lawful to and for the said Commissioners of Sewers by an Order in writing under their hands and seals , to Authorize such person or persons as they shall think fit , to enter into any the said Lands , part of the said third part allotted to the said Thomas Lovel , out of any the Fens by him formerly undertaken to be Dreyned , and the said Additional Lands , and out of the Rents , Issues and profits thereof to raise the same sum of one hundred pounds , to the end the same shall and may be by them imployed and laid out , South-Dozens and Hawthorn - bank . in and about the necessary maintenance and reparation of the Banks above mentioned , called the South Dozens , and Hawthorne Bank , and so from time to time , and at all times , as the said one hundred pounds or any part thereof shall be as abovesaid expended in and about the said Banks as aforesaid , if the same be not again supplied by the said Trustees , their heirs or assigns or the survivor of them within six moneths then next following , then it shall be in the power of the said Commissioners of Sewers , out of the Rents , Issues and profits aforesaid to raise the same or so much thereof as shall not be supplyed as abovesaid , from time to time and at all times , as occasion shall require .

How meetings and by-laws may be made for management of the dreyning . Provided always and be it Enacted by the Authority aforesaid , That it shall and may be lawful to and for such person and persons , their heirs and assigns or any three or more of them , to whom the said Trustees , their heirs or assigns or the survivor of them , shall make or execute any estate or estates of the said ten thousand thirty six Acres before mentioned , or any part thereof , as Adventurers under the said Trustees , their heirs or assigns or the survivor of them , in Dreyning the said Fens at all times , and from time to time , from and immediately after execution of the said estate and estates , to summon , call and hold meetings of themselves , their Agents and Workmen , at such place and places , by warrant under three or more of their hands and seals , or under the hand and seal of their common Clerk for the time being , for the making , altering or confirming , and with power and authority hereby granted unto them , their heirs , executors , administrators and assigns , for making , and to make By-laws for the better Government and more orderly management of the said work of Dreyning the said Fens within themselves respectively .

And also be it further Enacted by the Authority aforesaid , That at all and every meeting and meetings as aforesaid to be held , It shall and may be lawful , and they are hereby thereunto impowred , for any three or more of the said Vndertakers , their heirs , executors , administrators and assigns , By whom rates and taxes may be made for the sa●d work . to assess , rate , tax and charge all and every the respective Owner or Owners , their heirs , executors , administrators and assigns , and every of them , of all and every the said ten thousand and thirty six Acres aforesaid , by an equal and proportionable Acre-tar , with any sum or sums of money as they shall adjudg necessary for the carrying on and effecting the said work , and to limit and appoint such certain dayes and places for the respective payments thereof to their Treasurer or Treasurers for the time being , as they the said Vndertakers , their heirs , executors , administrators or assigns , or any three or more of them under their hands and seals shall appoint , so as every of the said Vndertakers , who shall at any time or times hereafter , assess , rate , tax and charge the said sums of money , be really then owner of two hundred and fifty Acres of Land or more , within the said Fen.

How the ●●me may be levied . And be it further Enacted , upon default made by any person or persons so assessed , rated , taxed and charged as aforesaid , in his or their respective payments to be limited and appointed as aforesaid , by the space of three moneths after the time limited for payment thereof , That it shall and may be lawful to and for any three or more of the said Adventurers , their heirs , executors , administrators or assigns , to bargain , sell , convey and assure all , or so much of the said Defaulter or Defaulters Lands respectively within the said Fen , for raising the sum or sums of money so assessed , rated or charged as aforesaid , to any other person or persons , their heirs and assigns , for such estate or estates as the said defaulter or defaulters had in him or them respectively at the time of the said default or defaults made as aforesaid , as to them or any three or more of them the said Adventurers , their heirs , executors , administrators or assigns shall seem meet , subject nevertheless to the conditions and forfeitures in this Act contained and exprest : And all and every Conveyance thereof is , and shall be adjudged good and available in Law and equity , against all and every such Defaulter and Defaulters respectively , and against his or their respective heirs , executors , administrators and assigns , so as the same be inrolled in the High Court of Chancery within six moneths after the making thereof .

How owners and commoners may improve and inclose their shares . And be it further Enacted by the Authority aforesaid , That it shall and may be lawful for any person or persons , Bodies Politick or Corporate , their heirs and successors , Owner or Owners of the Soil of the said Fens or Wastes , or who may or ought to have Common in any of the same , to improve , set out , inclose , divide and sever such quantity or quantities of the said Fens or Wastes ( other then such of the same as by the tenure of this Act are appointed or allotted to the said Vndertakers as aforesaid ) as shall be proportionable to his or their respective Interest , or to his or their Lands and Tenements whereunto , or in respect whereof , the said Common or Waste may or ought to be had or enjoyed , and such quantity or quantities to have and to hold in severalty , by and according to such Tenures , Estate , Right , Title and Interest as such person or persons have or shall have in such Manors , Lands and Tenements , subject nevertheless to all the Powers and Liberties given by this Act to the said Trustees , their heirs and assigns and the survivor of them , for Dreyning the said Fens , as if the said Lands had remained common and uninclosed , leaving and allowing convenient passages and ways in and to the said Vndertakers ground in the said Fen.

Who may determine of boundaries , improvements and inclosures . And it is further Enacted , That the Boundaries of the said Wastes so to be inclosed , Approvements and Inclosures shall from time to time , and at all times , upon request of any person or persons concerned , be determined and adjudged , and finally ended by the persons hereafter named , ( that is to say ) Thomas Lord Beaumont of Cole-Orton , Sir George Villiers of Bruxby Baronet , Sir VVilliam Hartopp of Rotherby Knight , VVilliam Hartopp of Little-Dalby Esquire , Sir Henry Hudson of Melton-Mowbray Baronet , Sir Edward Smith of Edmundthorpe Knight , Richard Lister of Thorpe Esquire , John Hacket of Ketleby Esquire , William Gilbert of Melton-Mowbray Esquire , all of the County of Leicester ; Baptist Lord Viscount Campden , Sir Edward Heath of Cottesmore Knight of the Bath , William Palmes of Ashwel Esquire , Abel Barker of Hambleton Esquire , Samuel Browne of Stockins Esquire , Robert Mackeworth of Empingham Esquire , Philip Sherard Esquire , Alexander Noel of Whitwel Esquire , Christopher Browne of Towlthorpe Esquire , Edward Falkener of Uppingham Esquire , Sir Thomas Mackeworth of Normanton Baronet , Henry Noel Esquire of Exton , Andrew Noel Esquire of Whitwel , Charles Halford Esquire of Weston , Thomas Pilkington Esquire of Belton , Beaumont Bodenham Esquire of Ryhall and Henry Mackeworth Esq of Normanton , all of the County of Rutland ; Mildmay Earl of Westmerland , Obrian Lord Cockaine , William Stafford Esquire of Blatherwicke , Lewis Palmer Esq of Corlton , Edward Palmer Esq of Stoake , Walter Kirkham of Finshead Esq Christ . Thursby Esq Humphrey Orme Esq Sir Henry Yelverton Baronet , Tho. Dove of Upton Esq VVilliam Mountague Esq Francis Quarles Esquire , George Quarles junior of Ufford Esq Francis Kirkham Esq of Finshead , John Lynn Esq of Southwick , all of the County of Northampton ; Robert Lord Willoughby of Erisby eldest Son to Mountague Earl of Lindsey Lord Great Chamberlain of England , Sir Thomas Meres Knight , Sir John Newton Baronet , Sir Anthony Irby Knight , Peregrine Bartue Esq Anthony Thorold of Marston Esq William Blythe of Straston Esq Philip Dallow of Bitchfield Esq Thomas Harrington of Boothby Esq Charles Bawdes of Somerby Esq Sir Edward Barkham Baronet , all of the County of Lincolne , or by any seven or more of them . Which said persons or any seven or more of them , are hereby constituted and appointed Commissioners for that purpose , upon their view or examination of witnesses upon Oath , ( which Oath they are hereby authorised to administer ) or both , or other good and sufficient proof by matter of Record , Writings or Evidences , and hearing the parties concerned , if they be present and desire it ; which determination and Iudgment being certified in writing under the hands and seals of the said Iudicature , or any seven or more of them , into the Petty-bag , there to be filed and kept on Record , shall be final and conclusive unto all parties . Provided always , That in case any person or persons , Bodies Politick or Corporate , Appeals in cases of adjudication . shall find him or themselves agrieved with such Iudgment and determination of the said Iudicature , and shall thereof within six Moneths next after the same , appeal to any thirtéen or more , other persons of the said Iudicature , Then such determination as the said thirtéen more shall make , being certified by writing under the hands and seals of the said thirtéen or more , into the Petty-bag aforesaid , there to be filed and kept on Record as aforesaid , shall be final and conclusive to all parties , the said former Iudgment or Determination notwithstanding . And the Inclosures and Proportions so adjudged or decréed as aforesaid to such person or persons , Bodies Politick and Corporate , shall be held by him or them , and his and their heirs and successors respectively , by and according to his and their tenures , estate , title and interest , which he or they had in the Mannors , Lands or Tenements , for or in respect of which , he or they claimed , or inclosed the said quantity or quantities of the said Wastes as abovesaid . Provided always and be it Enacted by the Authority aforesaid , That the said Commissioners and every of them , before he or they take upon him or them the execution of any the Powers or Authorities hereby given them , ( other then the administring the Oath following to one another , which they shall have Authority by this present Act to administer to one another ) shall take the Oath following , ( viz. )

The oath to be taken by Commissioners . I A. B. am not interessed in possession , reversion or remainder , of , in or to the said Fens or any part thereof ; And shall and will without favour or affection , hatred or malice , truly and impartially , according to the best of my skill and knowledg , execute and perform all and every the Powers and Authorities in me established by this Act of Parliament .

Which Oath any one of the said Commissioners are hereby authorised to administer ; The places of the Commissioners ●●tting And that the places where the said Commissioners shall sit to hear , order and determine the matters referred to them by this Act , shall be at the Towns of Stamford , Market-Deeping or Spalding in the said County of Lincoln . And the said Commissioners or any seven or more of them , are hereby directed by Warrant under their hands and seals to declare the places and times of their méeting ; The same Warrant to be published in open Market , in the said Towns of Stamford , Market-Deeping and Spalding , betwéen the hours of twelve and two upon some Market-day , one and twenty dayes at least before the said time or times of méeting , to the end all persons concerned may have sufficient time and notice to attend ; And shall have power and Authority by Warrant under the hands and seals of any thrée or more of them , Their power and manner of proceeding . to summon parties and witnesses to appear before them ; And in case any controversy or difference shall happen to arise betwéen or amongst the said Commissioners , before any Iudgment or Determination given by them in the premisses , touching or concerning the exposition of the words of this Act , or the powers or authorities thereby to them given ; Then the Lord Chief Iustice of the Kings Bench , the Lord Chief Iustice of the Common-Pleas , and the Lord Chief Baron of his Majesties Court of Exchequer for the time being , are hereby constituted and established a Iudicature , and they or any two of them , are hereby authorized to hear , adjudg and determine such controversies and differences : And their Iudgment or determination thereof , certified under their hands seals , shall be observed , and shall be likewise certified , together with the Iudgments and determinations of the said Commissioners , into the Petty-bag , there to be kept on Record as aforesaid .

CAP. XII .

The River Avon to be made Navigable from Christ-Church to the City of New-Sarum .

WHereas the making Navigable and passable with Barges , Boats , Lighters and other Vessels , the River Avon in the Counties of Wilts and Southampton , from the Town of Christ-Church in the said County of Southampton to the City of New-Sarum in the said County of VVilts ; And ( if néed require ) the making of a new Haven , may with Gods blessing be of great advantage and benefit not only to the said Counties , but also to the Publick , by import and export of Commodities , and increase of Commerce and Trade , and of able Seamen and Watermen , and most profitable and necessary for the said City of New-Sarum , for the conveyance thereby of Fewel and other necessaries to the said City , whereof there is now great scarcity , and far greater is like to grow , if some help therefore be not provided , besides the extraordinary preservation of the High-ways in and near the said City and County .

Commissioners how to be appointed for making the river Avon navigable . Be it therefore Enacted by the Kings Majesty by and with the advice and consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of the same , That the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being , at any time after the end of this present Session of Parliament , shall and may nominate , appoint and authorize by Commission under the Great Seal of England , such person or persons , Bodies Politick and Corporate , as to him shall séem fit , and are willing to undertake the making Navigable the said River of Avon from the said Town of Christ-Church to the said City of New-Sarum ; And to make a new Haven ( if néed require ) for Ships and Vessels near the said Town of Christ-Church . Which said Vndertakers so nominated and appointed as aforesaid , are hereby authorized and shall have full power and authority by this present Act to make Navigable or passable by Barges , Boats , Lighters or other Vessels , the said River of Avon , from the said Town of Christ-Church to the City of New-Sarum aforesaid ; And for that purpose to cleanse , scour and open the same , and to cut or dig the Banks of the same , and to take away or remove all Wears or other Impediments that may hinder Navigation , either in sailing or haling of Boats with Horses , Men or otherwise to amend or alter such Bridges and High-ways as may hinder the said Passages and Navigation , and to open , prepare and make all Wears , Sasses , Locks and Turn-pikes fit for the said Passage ; And likewise to cleanse , scour , open or cut and dig the Banks of any other Stream , Brook , Ditch or Water-course that shall to them séem convenient for the better making the said River Navigable and passable for Boats , Barges , Lighters and other Vessels ; And likewise to make and erect any Wharfs , Sasses , Locks , Turnpikes or pens for Water in or near the said River or Passage , that shall be fit or necessary for the same , and to bring , lay and work all Materials requisite for the making , erecting and repairing of the said Locks or Turnpikes upon the said River or Passage , and to cut such and so many new Channels and Trenches as to them shall séem convenient for altering the course of the said River of Avon in bringing the same to the City of New-Sarum as aforesaid , as also for the bringing in any other River or Water-course into the said River , and to do all other things necessary and convenient for the said River and Passages , new Channels , Wharfs , Sasses , Locks , Wears , Turnpikes , Penns for Water , and the said Bridges , Ways and Passages , and for the altering , repairing , kéeping , using and amending of the same or any of them , or any part of them from time to time hereafter as oft as néed shall require , and also ( if néed require ) to make a commodious Haven and Port near the said Town of Christ-Church for the Entry , Road , safety and preservation of Ships that may resort thither , as well in peril of Storms as otherwise , to lade or unlade their Goods , and to alter , repair and amend the same or any part of it , from time to time as oft as néed shall require . And to the end that the making the said River Navigable and passable for Barges , Boats , Lighters and other Vessels , and the erecting and making the said Haven , Channels , Sasses , Locks , Wears , Turnpikes , Penns for Water , Wharfs , Bridges , Ways and Passages as aforesaid or other things , may not be any way prejudicial to the Inheritance , Possession or profit of any person or persons , Bodies Politick or Corporate whatsoever , that have any Lands , Tenements , Wears or Hereditaments adjoyning unto the said River or Streams , Brooks , new Chanels and Passages as aforesaid , or any of them , or through which the same shall be made or cut as aforesaid . Satisfaction to parties endamaged in any of their lands .

Be it therefore Enacted by the Authority aforesaid , That the said Vndertakers , before they do meddle with the Lands , Inheritance , Possession or Profit of any person or persons , Bodies Politick or Corporate , shall first agrée with such persons , Bodyes Politick or Corporate , for the loss or damage that any of them shall or may any way receive by the making or altering the said Haven , Channels , Wharfs , Sasses , Locks , Wears and Passages , or procure some Order therein to be made by the Commissioners , to be Assigned for that purpose as hereafter in this present Act is expressed . And for the better effecting of the premisses , and the due rating of the value of the things to be compounded for , by the true intent of this Statute , if the Parties shall not agrée ;

Be it Enacted by the Authority aforesaid , Commissioners for compounding with persons so damnifide . That at the request and charges of the said Vndertakers , One or more Commission or Commissions under the Great Seal of England shall be granted to Edward Earl of Clarendon , Lord Chancellor of England , Thomas Earl of Southampton , Lord High Treasurer of England , Philip Earl of Pembroke and Mountgomery , William Lord Herbert of Cardiffe , Henry Lord Viscount Cornbury , George Lord Bishop of Winchester , and the Bishop of Winchester for the time being , John Lord Bishop of Sarum , and the Bishop of Sarum for the time being , William Lord Sands , Robert Lord Brook , Anthony Lord Ashly , Chancellor of the Exchequer , Sir Edward Nicholas Knight , One of His Majesties most Honourable Privy-Council , Sir Robert Hyde Knight , Lord Chief Iustice of the Kings Bench , Sir Wadham Windham Knight , one of the Iustices of the Kings Bench , Sir George Grubham How Baronet , Sir Joseph Ash Baronet , Sir John Nicholas Knight of the Bath , sir John Low , Knight ; sir Robert Mason , Knight ; sir Thomas Mompesson , Knight ; sir John Clobery , Knight ; Stephen Fox , Esquire , Clerk of the Gréen-Cloth , and one of the Citizens for the City of New-Sarum ; John Joyce Mayor of the City of New-Sarum , and the Mayor of the City for the time being ; Richard Coleman , Esquire , Recorder of the City of New-Sarum , and the Recorder of the same City for the time being ; Francis Roll Esquire , High Sheriff of the County of Southampton ; Lawrence Hyde , Esquire ; Humphrey VVeld , Esquire ; Edward Hyde of Hatch , Esquire , Richard How , Esquire ; John Holt the elder , of the Close of the City of New-Sarum , Esquire ; George Vennerd of the City of New-Sarum , Esquire ; Edward Manning , Esquire ; Richard Compton , Esquire ; Thomas Knowles , Esquire ; Philip Lee , Esq Walter Bockland , Esq VVilliam Swanton , Esq Roger Gallop , Esq Edward Hooper of Huncourt , Esq Will . Tulse , Esq John Hobby , Esq Henry Tulse , Esquire ; Henry VVhitehead , Esq The Mayor of VVilton for the time being , and the Mayor of Christ-Church for the time being , Samuel Percival , Esquire ; VVilliam Lisle , Esquire , and Philip Percival , Gentleman . The power of the said Commissioners . Which said Commissioners , or any seven or more of them , ( not being Parties concerned ) shall have full power and Authority , and are hereby impowred and Authorized by examination of witnesses upon Oath ( which Oath they , or any seven , or more of them , have hereby power to administer ) or by any other lawful ways or means to examine , here and determine all and all manner of Controversies , Debates and Questions which shall happen and arise betwéen any persons whatsoever , touching or concerning any matter or thing relating to the aforesaid Premisses , or any part thereof ; And to appoint , determine and decree what and how much satisfaction every such person or persons , Body politick or Corporate , shall have for or in respect of the loss to be by him , her or them sustained , notice being first given of their Méeting by Papers publickly affixed to the Church-doors , or set up in the Market-places of the City of New-Sarum and the Towns of Christ-Church and Ringwood , Ten days at the least before their Méeting , declaring the time and place of their Meeting : And also notice in writing being first left at the Dwelling-house of every Party concerned , or at their usual place of abode , or with some Tenant or Occupier of some House , Land , or Tenement of such party within fiftéen Miles of the said River : Which said Determination , Sentence , and Decrée set down , declared and pronounced by the said Commissioners , or any seven or more of them , and the Price and Recompence by them limited , shall bind all Parties therein concerned in Possession , Reversion or Remainder or otherwise , and as well Infants , Feme Coverts , as others , and their Heirs in Fée-Simple or in Tail , and their Executors , Administrators and Assigns , and all claiming by , from or under him , her or them , or any of them ; which Order , Sentence and Decrée shall be set down in writing under the Hands and Seals of the said Commissioners , or any seven or more of them , within six wéeks after the first Resort to them for that cause according to this Act , the same to be kept among the Records of the Sessions of the Peace for the City of New-Sarum , by the Clerk of the Peace for the time being of the said City ; Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of VVilts and Southampton , to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties ; All which shall be taken , adjudged , and déemed good and sufficient Evidence , and proof in any Court of Record whatsoever . And that upon payment of such sum or sums so ordered or agréed upon ( to the said persons concerned , or tender thereof made ) at his or their Dwelling-house , or the house of his or their Tenant of some Tenement , house or Land of theirs within fiftéen miles of the said River ; and if they have no such Dwelling-house , Land or Tenement , or if upon such tender at their said Dwelling-house , or the House , Land or Tenement of such Tenant as aforesaid , they refuse , or are not ready to receive the same ; That upon payment of the said sum to the Mayor and Commonalty of the City of New-Sarum in the Council-Chamber of the said City , for the use of such persons , It shall then , and not before be lawful to and for the said Vndertakers , and their Work-men and Servants , to dig and make , or cause to be digged and made the said Haven , Channels , Wharfs , Sasses , Locks and Passages , or do any such other Act for which any such Agréement or Order shall be made as aforesaid .

And be it further Enacted , That when any of the said Commissioners shall happen to dye , How Commissioners dying or renouncing , may be supplyd . or become unfit for , or renounce the Service ; That then and so often it shall be lawful to and for the said Lord Chancellor or Lord Keeper of the Great Seal of England for the time being , from time to time to supply , appoint and authorize One , or so many Commissioners of the Counties of VVilts , Southampton or Dorset , of the Nobility , or Knights and principal Gentlemen of the said Countries , dwelling or having Estates within fifteen miles of the said River , as shall make and fill up the before mentioned number of Commissioners : which said Commissioners so supplyed , appointed , and authorized as aforesaid , not excéeding the number before mentioned , nor being under the number of One and thirty , or any seven or more of them , shall from thenceforth have like Power and Authority in all things , as those Commissioners which are expresly named in this Act ; And that the Commissioners , and such as from time to time for the future shall be supplyed as aforesaid , or any seven or more of them have like Power and Authority to Survey the said Haven and River , and all Wharfs , Sasses , Locks , Wears , Turnpikes , Penns for water , and all Ditches , Sewers , and Streams running into the said River ; and the Mills , Mill-damms , Floodgates , Walls , Banks and Bridges now made , or hereafter to be made and built upon the same , and all Impediments , Decays , Loss and Annoyances in the same , and make like Process to inquire thereof , and to set such Fines , Penalties , and to make such Orders and Decrées for altering , amending or removing the same , as any Commissioners of Sewers by any Law , Statute , or Commission of Sewers are enabled to do in other Rivers and Places , Any Law or Statute to the contrary notwithstanding .

And be it further Enacted by the Authority aforesaid , That the said Vndertakers authorized as aforesaid for the making the said Haven and Passages , from time to time shall have full power and authority by and with the consent of the said Commissioners , or any seven or more of them , to make Orders and Constitutions for the good and orderly usage of the said Haven and Passages ; and for all Wharfs , The power to make orders and constitutions . Sasses , Locks , Wears and Turn-pikes , and for all Ships and Vessels , Barges , Lighters , Boats , Boat-men , Passengers , Carriages and Rates for Carriages , by or through the said Haven or Passages , and all things concerning the same ; and to set , lay and execute such reasonable Pains and Punishments upon the Breakers thereof , To impose penalties upon the breakers . as to them in discretion shall séem méet and reasonable : which said Orders and Constitutions being put in Writing under the Hands and Seals of the said Vndertakers , and being allowed by the said Commissioners , or any Seven or more of them , under their several Hands and Seals , and by the Iustices of Assize of the said several Counties of VVilts and Southampton , which shall be at the time of the Signing , Sealing , and Publishing of the said Orders as aforesaid , shall be binding to all persons whatsoever , any Law or Vsage to the contrary notwithstanding . The said Orders and Constitutions to be kept amongst the Records of the Sessions of the Peace for the City of New-Sarum by the Clerk of the Peace for the time being of the said City , Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of Wilts and Southampton , to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties . All which shall be taken , adjudged and déemed good and sufficient Evidence and proof in any Court of Record whatsoever . Nevertheless the Iustices of Assize for the Counties of Wilts and Southampton , Persons grieved may appeal to the Iustices of Assise . upon complaint to them made by any persons grieved with the said Taxations , Assessments , Charges , Orders , Constitutions , Pains and Penalties , or any of them , shall and may abridge , moderate , alter or reform the same as they shall find just cause ; such Orders to be under the Hands and Seals of the said Iustices , and to be kept among the Records of the Sessions as aforesaid . And the respective Commissioners and Iudges of Assize as aforesaid , are from time to time to take special care in the manner of the laying and assessing of the said Rates , and ordering and disposing of the said Haven , Passages and Wharf , that all opportunity for the Vndertakers , or any other to engross the Commodities of the said Countrey , or impose upon the Markets , may be prevented .

The Vndertakers to have the Taxes upon Carts , Carriages , &c. And be it Enacted by the Authority aforesaid , That the said Vndertakers authorized as aforesaid for the making the said Haven and Passages respectively , and their several and respective Heirs and Assigns for ever , having first given satisfaction as aforesaid , shall have , hold , peaceably and quietly receive , demand , take and enjoy all and every the said Rates , Profits and Advantages whatsoever which shall or may from time to time , and at all times hereafter be made , arise , grow or become due or payable for the Carriages of Wood , Coals , Corn , Salt , or any other Merchandises , Commodities , or Carriages whatsoever , by any Ship or Vessel , Barge , Boat , Lighter , or otherwise , up or down the said Haven , River , new Channels , or the said Sasses , Locks , Wears , Turn-pikes , Penns for water , Cranes , Wharfs , or any of them ; and also shall have and receive as aforesaid all Penalties imposed by the said Orders as aforesaid , and in case of Refusal or Denial of Payment , Penalties , and how to recover the same . shall and may sue for the same by Action of Debt in any Court of Record ; in which Action , no Wager of Law , Essoign or Protection shall be allowed ; or may distrain or make stoppage of the said Goods or Vessels till they shall be satisfied for the same ; And that all Fines and Amerciaments which shall be imposed as aforesaid , for any Annoyances and Offences which shall be at any time hereafter committed to the hurt or prejudice of the said River , or any thing thereunto appertaining , shall be to the only use , benefit and behoof of the said respective Vndertakers , their several and respective Heirs , Successors and Assigns for ever . And for that the Barges , Boats , Lighters or other Vessels must of necessity in some places , and at some times , be haled up by strength of Men , Horses , Winches , Engines , or other means in that behalf convenient ;

Drawing and haling of Barges , &c. upon the Banks . Be it therefore Enacted by Authority of this present Act , That it shall and may be lawful to and for Watermen , Boatmen , Bargemen , and other helpers of them , in convenient places , to have and use Winches , Ropes , and other Engines , and with the same , by strength of Men , Horses or other Beasts , or any of them , going upon the Land or Banks near the said River or passages in convenient manner , without the hindrance , trouble or impeachment of any person or persons , to Draw or Hale up the Barges , Boats , Lighters or other Vessels .

Provided always , That neither the said Vndertakers , nor Commissioners do make , or cause to be made any landing Place , Wharf or Key within the City of New-Sarum , New-Sarum . or the bounds or liberties thereof , or within one mile of the same , from Harnam-Bridge down the stream towards Christ-Church , without the consent of the Lord Bishop of Sarum , the Mayor and Recorder of the said City for the time being , and the thrée antientest Aldermen of the said City , or thrée of them , first had and obtained .

And be it further Enacted by the Authority aforesaid , That the said Haven , River , Channels , The River , Havens , &c. to be under the Survey of the Vndertakers and Commissioners . Trenches , and all Wears , Wharfs , Sas●es , Locks , Turnpikes , Penns for water , and all other things whatsoever made and erected in order to making the said Haven , and making Navigable the said River and Channel as aforesaid , shall from henceforth be in the sole Rule , Order and Survey of the said Vndertakers and Commissioners as aforesaid , and not under the Survey or Order of any Commissioners of Sewers , nor subject to a Commission of Sewers , or any Laws or Statutes made for Sewers ; Any Law or Statute to the contrary hereof in any wise notwithstanding .

And be it further Enacted by the Authority aforesaid , That if any Action , Bill , Persons sued for acting upon this Act , may plead the general Issue . Plaint or Suit be brought in any of His Majesties Courts at VVestminster , or elsewhere against any person or persons , for or concerning any matter or thing , by him , them , or any of them , done , advised , or commanded to be done by vertue of this Act , That it shall and may be lawful for every such person and persons , and for all that act in their aid and assistance , or by their commandment to plead the General Issue that he or they are not Guilty : And to give this Act , or any clause , matter or thing herein contained in Evidence to the Iury that shall try the same , for their justification , without special Pleading of the same , and shall thereupon take advantage of this Act as fully to all intents and purposes , as if the same had been by them fully and well pleaded .

Provided also , and be it Enacted by the Authority aforesaid , That Philip Earl of Pembroke and Montgomery shall and may have power , authority , and liberty ( if he shall see cause , and find it to be necessary and convenient to the publick good ) to enlarge and make Navigable the River of VViley from Harnam-Bridge aforesaid , so far as VVilton in the County of VVilts , Wiley River . and in order thereunto to put in execution the several Powers of this Act in relation to the said River of VViley , in the same and as ample manner as the said River of Avon may be made Navigable by this Act , and under the same Provisoes , Restrictions and Limitations .

Anno XVII . Caroli II : Regis .

CAP. I.

Twelve hundred and fifty thousand pounds granted to the Kings Majesty , for his present further Supply .

VVE Your Majesties most Dutiful and Loyal Subjects , the Commons Assembled in Parliament , having observed the Ways and Means by which Your Majesty hath béen enforced to Engage Your self in a War against the States of the United Provinces , for the necessary Defence of Your own Crown and Dignity , and the Safety and welfare of Your People ; Do with all humble Thankfulness acknowledge Your Majesties Care and Conduct in this Great Affair ; which , as it hath béen already attended with very considerable Success , so we shall daily pray , that all Your Majesties Enterprises may still be crowned with Honour and Victory : And although the continuing Insolence of Your Majesties Enemies , and the doubtful Amity of some of Your Majesties Neighbours , have made it necessary to provide for further and greater Expences , in a time when the general Contagion hath much interrupted our Trade and Commerce ; Yet , that Your Majesty may sée that we your Majesties Loyal Subjects , do more consider our Zeal and Duty to your Majesty , then any difficulties under which we labour , We have chearfully and unanimously given and granted , and by these presents do give and grant unto Your most Excellent Majesty , the sum of Twelve hundred and fifty thousand pounds , to be Raised and Levied in manner following ; And we do most humbly beséech Your Majesty , That it may be Enacted , And be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and of the Commons in this present Parliament Assembled , and by Authority of the same , That the sum of Twelve hundred and fifty thousand pounds shall be Raised , Levied , 1250000 l. granted to his Majesty . and paid unto your Majesty within the space of Two years , in manner following : That is to say , Whereas in and by a certain Act of Parliament lately passed , Entituled , An Act for granting a Royal Aid unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds , 16 & 17 Car ▪ 2. cap. 1. to be Raised , Levied and paid in the space of Three years ; It was amongst other things Enacted , That the sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the month , for Thirty six months , beginning from the Five and twentieth day of December , 1664. should be Assessed , Taxed , Collected , Levied and paid , by Twelve Quarterly payments , in the several Counties , Cities , Burroughs , Towns and places within England and VVales , and the Town of Berwick upon Tweed , according to the several Rates and Proportions , and in such manner as in the said Act is expressed ; One years payment whereof , that is to say , Four Quarterly Payments will be fully expired upon the Five and twentieth day of December , in the year of our Lord , 1665. And Two years payment more will be then to come and unexpired .

It is now further Enacted by the Authority aforesaid , 52083 l. 6 s. 8 ● per mensem ▪ That the sum of Fifty two thousand fourscore and thrée pounds six shillings and eight pence by the moneth , for Twenty four moneths , beginning from the Five and twentieth day of December , One thousand six hundred sixty five , shall be Assessed , Taxed , Collected , Levied and paid by Eight Quarterly payments , in the several Counties , Cities , Burroughs , Towns and places within England and VVales , and the Town of Berwick upon Tweed , over and above the sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the moneth , which is to remain and continue payable during the said Twenty four moneths , by vertue of the said former Act , and as an Addition to , and increase of the said Monethly Assessement , according to these further Rates , Rules , and Proportions , in such manner as herein after is expressed ; That is to say , for every of the said Twenty four moneths :

FOr the County of Bedford , the sum of Six hundred seventy eight pounds fourtéen shillings nine pence farthing .

The County of Berks , Eight hundred fifty six pounds eightéen shillings two pence thrée farthings .

The County of Bucks , Nine hundred ninety five pounds seven shillings ten pence .

The County of Cambridge , the sum of Seven hundred seventy one pounds eightéen shillings one peny farthing .

The Isle of Ely , Two hundred sixty four pounds fiftéen shillings ten pence .

The County of Chester , with the City and County of the City of Chester , the sum of Six hundred and six pounds seven shillings seven pence .

The County of Cornwall , the sum of One thousand one hundred sixty six pounds two shillings four pence farthing .

The County of Cumberland , the sum of One hundred twenty seven pounds seven shillings thrée pence farthing .

The County of Derby , the sum of Six hundred fifty two pounds twelve shillings eleven pence thrée farthings .

The County of Devon , the sum of Two thousand four hundred forty four pounds six shillings nine pence farthing .

The City and County of the City of Exon , the sum of Eighty eight pounds one shilling two pence farthing .

The County of Dorset , the sum of One thousand and seventéen pounds nine shillings nine pence half-peny .

The Town and County of Pool , the sum of Eight pounds six shillings thrée pence farthing .

The County of Durham , the sum of Two hundred forty five pounds one shilling five pence farthing .

The County of York , with the City and County of the City of York , and Town and County of Kingston upon Hull , the sum of Two thousand six hundred twenty five pounds eight shillings seven pence thrée farthings .

The County of Essex , the sum of Two thousand thrée thundred forty four pounds sixtéen shillings one penny thrée farthings .

The County of Gloucester , the sum of One thousand thrée hundred sixty eight pounds twelve shillings six pence farthing .

The City and County of the City of Gloucester , the sum of Twenty nine pounds sixtéen shillings thrée pence farthing .

The County of Hereford , the sum of Eight hundred fifty six pounds eight shillings one peny thrée farthings .

The County of Hertford , the sum of One thousand and eightéen pounds nine shillings five pence farthing .

The County of Huntington , the sum of Four hundred seventy nine pounds eleven shillings four pence .

The County of Kent , with the City and County of the City of Canterbury , the sum of Two thousand five hundred and seventéen pounds fourtéen shillings six pence farthing .

The County of Lancaster , the sum of Seven hundred sixty one pounds sixtéen shillings four pence farthing .

The County of Leicester , the sum of Eight hundred and twenty pounds seventéen shillings six pence thrée farthings .

The County of Lincoln , with the City and County of the City of Lincoln , the sum of One thousand nine hundred forty eight pounds fiftéen shillings two pence farthing .

The City of London , with the Liberty of St. Martins Le Grand , the sum of Thrée thousand eight hundred fifty thrée pounds two shillings ten pence thrée farthings .

The County of Middlesex , with the City and Liberty of Westminster , the sum of One thousand six hundred ninety five pounds ten shillings ten pence .

The County of Monmouth , the sum of Two hundred ninety five pounds two shillings nine pence thrée farthings .

The County of Northampton , the sum of One thousand and seventy pounds one peny farthing .

The County of Nottingham , with the Town and County of the Town of Nottingham , the sum of Six hundred and sixty pounds ninetéen shillings two pence farthing .

The County of Norfolk , the sum of Two thousand five hundred and fifty pounds fiftéen shillings four pence farthing .

The City and County of the City of Norwich , the sum of One hundred thirty six pounds four shillings four pence half-peny .

The County of Northumberland , with the Town of Newcastle and Berwick upon Tweed , the sum of Two hundred eighty two pounds two shillings thrée pence farthing .

The County of Oxon , the sum of Eight hundred fifty nine pounds six shillings eight pence farthing .

The County of Rutland , the sum of One hundred eighty one pounds ninetéen shillings two pence farthing .

The County of Salop , the sum of Nine hundred and ten pounds eightéen shillings six pence farthing .

The County of Stafford , the sum of Six hundred forty five pounds four shillings thrée half-pence .

The City and County of the City of Lichfield , the sum of Nine pounds sixtéen shillings nine pence farthing .

The County of Somerset , the sum of Two thousand ninety seven pounds eight shillings two pence thrée farthings .

The City and County of the City of Bristol , the sum of One hundred and fifty pounds eightéen shillings two pence farthing .

The County of Southampton , with the Town and County of Southampton and Isle of Wight , the sum of One thousand six hundred fifty six pounds seventéen shillings and eleven pence .

The County of Suffolk , the sum of Two thousand four hundred ninety six pounds four shillings seven pence farthing .

The County of Surrey , with the Burrough of Southwark , the sum of One thousand two hundred and eight pounds eleven shillings four pence farthing .

The County of Sussex , the sum of One thousand thrée hundred seventy eight pounds seven shillings four pence thrée farthings .

The County of Warwick , with the City and County of the City of Coventry , the sum of Nine hundred and two pounds seven shillings and two pence .

The County of Worcester , the sum of Seven hundred ninety seven pounds eleven shillings and ten pence .

The City and County of the City of Worcester , the sum of Forty one pounds ninetéen shillings six pence three farthings .

The County of Wilts , the sum of One thousand four hundred eighty eight pounds nine shillings six pence half-peny .

The County of Westmerland , the sum of Eighty seven pounds fiftéen shillings eight pence half-peny .

The Isle of Anglesey , the sum of Ninety five pounds two shillings two pence .

The County of Brecknock , the sum of Two hundred thirtéen pounds sixtéen shillings half-peny .

The County of Cardigan , the sum of Eighty pounds one shilling two pence farthing .

The County of Carmarthen , the sum of Two hundred and six pounds thrée shillings five pence half-peny .

The County of Carnarvan , the sum of One hundred and ten pounds eightéen shillings ten pence thrée farthings .

The County of Denbigh , the sum of One hundred sixty nine pounds thrée shillings thrée half-pence .

The County of Flint , the sum of Eighty nine pounds eightéen shillings eleven pence thrée farthings .

The County of Glamorgan , the sum of Two hundred eighty six pounds sixtéen shillings thrée pence farthing .

The County of Merioneth , the sum of Seventy six pound five shillings eight pence thrée farthings .

The County of Mountgomery , Two hundred and nine pounds six shillings six pence .

The County of Pembroke , the sum of Two hundred forty seven pounds one shilling seven pence thrée farthings .

The County of Radnor , the sum of One hundred thirty one pounds eightéen shillings six pence thrée farthings .

The Town of Haverford-West , the sum of Eleven pound nine shillings seven pence .

And be it further Enacted by the Authority aforesaid , Commissioners named in the former Act shall have the same power for executing this Act. That all and every the persons who are nominated in and by the said former Act to be Commissioners of and for the several and respective Counties , Cities , Burroughs , Towns and Places therein mentioned , shall likewise be , and so are hereby appointed to be Commissioners for execution of this present Act within the said several and respective Counties , Cities , Burroughs , Towns and places for which they were nominated in the aforesaid Act , and shall have and execute the like Powers and Authorities , Rules and Directions , touching the better Assessing , Collecting , Levying , Receiving and Paying the said Fifty two thousand fourscore and thrée pounds six shillings and eight pence by the Moneth , during the said Twenty four moneths , as in and by the aforesaid Act were given to the said Commissioners , touching the better Assessing , Collecting , Levying , Receiving and Paying the said Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the Moneth , payable as aforesaid : And all and every person or persons who shall be liable unto , or any ways concerned or imployed in the Assessing , Collecting , Levying , Receiving or Paying any of the moneys by this Act imposed , shall have like Benefits , Advantages and Discharges , and shall be subject to like Penalties and Forfeitures , in case of any neglect , or refusal to pay their respective Assessments , or to perform their respective Duties , as any other person or persons liable unto , or concerned or imployed in the Assessing , Collecting , Levying , Receiving or Paying any of the moneys by the said former Act imposed , or to have , or be subject unto , as fully and amply as if the same Clauses , Matters and Things had béen in this Act particularly repeated and Enacted ; To the end that the Monethly Assessments , which will remain due and payable by vertue of the said former Act , and the monethly Additions thereunto made by vertue of this present Act , may be duly answered and paid in as aforesaid .

The first meeting 8. Jan. And be it further Enacted , That the several Commissioners shall meet together at the most usual and common place of meeting , as in the said Act is directed , on , or before the Tenth day of January next , to put this Act and the said former Act in execution , according to the best of their Iudgments and Discretions ; and shall then , if they see cause , subdivide themselves , as by the said Act is further directed concerning the said former Assessment : And further , That they meet at least three Weeks before each Quarterly Payment of the said several Assessments for the purposes aforesaid ; And that the said Eight Quarterly Payments of Fifty two thousand fourscore and three pounds six shillings eight pence by the Moneth , amounting in each Quarter to the sum of One hundred fifty six thousand two hundred and fifty pounds , shall be Assessed , Collected , Levied and paid to the Receivers of the several Counties appointed , or that shall be appointed by His Majesty , and by them answered and paid into His Majesties Exchequer , on the days and times mentioned and expressed in the said Act for payment of the said first Assessment .

Moneys lent to his Majesty or Wares , how to be secured . 18 Car. 2. cap. 1. And to the intent that all money to be lent to Your Majesty , and moneys that shall be due upon such Contracts for Wares and Goods which shall be delivered for this service , may be well and sufficiently secured out of the moneys arising and payable by this Act ; Be it further Enacted by the Authority aforesaid , That there be provided and kept in His Majesties Exchequer ( to wit ) in the Office of the Auditor of the Receipt , one Book or Register , in which Book or Register , all moneys that shall be paid into the Exchequer by this Act , shall be entred and registred apart and distinct from the moneys paid or payable to Your Majesty on the before mentioned Act , and from all other moneys or Branches of Your Majesties Revenue whatsoever ; And that also there be one other Book or Registry provided or kept in the said Office , of all Orders and Warrants to be made by the Lord Treasurer , and Vnder-Treasurer , or by the Commissioners of the Treasury for the time being , for payment of all and every Sum and Sums of money to all persons for Moneys lent , Wares or Goods bought , or other payments directed by His Majesty relating to the service of His War ; And that no moneys leviable by this Act be issued out of the Exchequer during this War , but by such Order or Warrant , mentioning that the Moneys payable by such Order or Warrant , are for the service of Your Majesty in the said War respectively .

That also there be the like Book or Register provided and kept by the said Auditor of all moneys paid out , or issued by vertue of such Orders and Warrants .

That it shall be lawful for any person or persons , willing to lend any money , or to furnish any Wares , Victuals , Necessaries or Goods on the Credit of this Act , at the usual times when the Exchequer is open , to have access unto and view , and peruse all , or any of the said Books for their Information of the state of those moneys , and all Ingagements upon them , for their better Encouragement to lend any moneys , or furnish any Goods or Wares as aforesaid ; And that the respective Officers and their Deputies , and Clerks in whose custody such Books be , or shall be , shall be assistant to such persons for their better and speedier satisfaction in that behalf ; That all and every person and persons who shall lend any moneys to Your Majesty , and pay the same into the Receipt of the Exchequer , shall immediately have a Tally of Loan struck for the same , and an Order for his repayment , bearing the same Date with his Tally , in which Order shall be also a Warrant contained for payment of Interest for forbearance , after the Rate of six per Cent. per annum , for his consideration , to be paid every six moneths until the repayment of his Principal ; And that all person and persons , who shall furnish Your Majesty , Your Officers of the Navy or Ordnance with any Wares , Goods , Victuals , or other Necessaries for the service aforesaid , shall upon Certificate of the Commissioners and Officers of the Navy , or of the Master or Commissioners and Officers of the Ordnance , or some of them , without delay forthwith have made out to them , Warrants or Orders for the payment of the moneys due or payable unto them ; which Certificates the said Officers of Your Navy , Commissioners and Officers of the Ordnance shall make without Fée , Charge or Delay ; And that all Orders for repayment of money lent , shall be registred in course , according to the Date of the Tallies respectively ; And that all Orders signed by the Lord Treasurer and Vnder-Treasurer of the Exchequer , for payment of money for Goods , Wares , Victuals , and other necessaries furnished to Your Majesty , Your Officers , Master , or Commissioners aforesaid , shall be registred in course , according to the time of bringing to the Office of the Auditor of the Receipt , the Certificates above mentioned ; And that all Orders so signed for payments directed by his Majesty , shall be entred in course according to their respective Dates , and none of the sorts of Orders above mentioned either for Loans of Moneys , Supplies of Wares , Goods , Victuals , or Necessaries , or by special direction , shall have preference one before another , but shall all be entred in their course according to the Dates of the Tallies , the times of bringing the Certificates , and the Dates of the Orders for payments directed by his Majesty , as they are in point of time respectively before each other ; And that all and every person and persons shall be paid in course according as their Orders shall stand entred in the said Register-Book , be it Orders for payments directed by his Majesty , or for Moneys lent , or for Wares , Commodities , or other Necessaries furnished as aforesaid , so as that person , his Executors , Administrators and Assigns , who shall have his Warrant or Order , Warrants or Orders first entred in the said Book of Registry , shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act ; and he or they that shall have his or their Warrants or Orders , Warrant or Order next entred , shall be taken and accounted the second person to be paid , and so successively and in course : And that the moneys to come in by this Act shall be in the same order liable to the satisfaction of the said respective parties , their Executors , Administrators or Assigns successively without preference of one before another , and not otherwise : And that no Fée , Reward or Gratuity , directly or indirectly be demanded or taken of any of Your Majesties Subjects , for providing or making of such Books , Registers , Entries , View , Search , Certificate , in , or for payment of money Lent , or the Interest thereof , or for payment of any money upon any Order , upon any Contract for Wares and Goods furnished to the Vse of Your Majesties Navy and Ordnance as aforesaid , by any of Your Majesties Officer or Officers , their Deputies or Clerks , on pain of payment of treble Damages to the party grieved , by the party offending , with costs of Suit ; And if the Officer himself take or demand any such Fée or Reward , then to lose his place also . And if any undue preference of one before another shall be made , either in point of Registring , contrary to the true meaning of this Act , by any such Officer or Officers , then the party offending shall be liable by Action of Debt or on the Case , to pay the value of the Debt , Damages and Costs to the party grieved ; And shall be forejudged from his Place or Office : And if such preference be unduly made by any his Deputy or Clerk without Direction or Privity of his Master , then such Deputy or Clerk only shall be liable to such Action , Debt , Damages and Costs , And shall for ever after be incapable of the same : And in case the Auditor shall not direct the Order , or the Clerk of the Pells Record , or the Teller make payment according to each persons due place and order as afore directed , then he or they shall be judged to forfeit , and their respective Deputies and Clerks herein offending be liable to such Action , Debt , Damages and Costs in such manner as aforesaid .

Provided always , And it is hereby Declared , That if it happen that several Tallies of Loan , or Certificates for Wares Delivered , or Orders for Payments from his Majesty as aforesaid , bear Date , or be brought the same day to the Auditor of the Exchequer to be Registred ; Then it shall be interpreted no undue preference which of these he enters , so he enter them all the same day .

Provided also , That it shall not be interpreted any undue preference to incur any penalty in point of payment , if the Auditor direct , and the Clerk of the Pells Record , and the Teller do pay subsequent Orders of persons that come to demand their money , and bring their Orders before other persons that did not come to demand their money , and bring their Order in their course ; so as there be so much money reserved as will satisfie their Orders , which shall not be otherwise disposed , but kept for them , Interest upon Loan being to cease from the time the money is so reserved and kept in Bank for them .

And be it further Enacted by the Authority aforesaid , That every person or persons to whom any money shall be due by vertue of this Act , after Warrant or Order entred for payment thereof , his Executors , Administrators or Assigns , by Indorsement of his Order or Warrant , may assign and transfer his Interest and Benefit of such Warrant to any other ; which being notified , and an Entry and Memorial thereof also made in the said Registry for Warrants , ( which the Officers shall on request without Fées or charge accordingly make ) shall Intitle such Assignée his Executors , Administrators and Assigns to the Benefit thereof , and payment thereon ; And such Assignée may in like manner assign again , and so toties quoties ; and afterwards , it shall not be in the power of such person or persons who have made such Assignments , to make void , release or discharge the same , or the moneys thereby due , or any part thereof .

And in case any person or persons be willing to advance the Tax they themselves are to pay , or the Tax of any Tything , Hundred , Parish , Division , or County , for six moneths or more unto the Receiver-General of that Place , or County ; The said Receiver-General is hereby authorized to receive the same , and to make deduction of so much for Interest , after the Rate of six per Centum per annum , as the Advance amounts unto , and the Receivers acquittance shall be a sufficient Discharge for the same ; which money so advanced , shall be accounted for , and paid into the Exchequer by it self Quarterly .

CAP. II.

Non-Conformists restrained from Inhabiting in Corporations .

WHereas divers Parsons , Vicars , Curates , Lecturers , and other persons in Holy Orders , have not declared their unfeigned assent and consent to the use of all things contained and prescribed in the Book of Common Prayer , and Administration of the Sacraments , and other Rites and Ceremonies of the Church , according to the use of the Church of England , or have not subscribed the Declaration or acknowledgment contained in a certain Act of Parliament made in the Fourtéenth year of His Majesties Reign , and Intituled , An Act for the Uniformity of Publick Prayers and Administration of Sacraments , and other Rites and Ceremonies , and for the Establishing the Form of Making , ●4 Car. 2. 〈◊〉 . 4 Ordaining and Consecrating of Bishops , Priests and Deacons in the Church of England , according to the said Act , or any other subsequent Act. And whereas they or some of them , and divers other person and persons not Ordained according to the Form of the Church of England , and as have since the Act of Oblivion taken upon them to Preach in unlawful Assemblies , Conventicles or Méetings , under colour or pretence of Exercise of Religion , contrary to the Laws and Statutes of this Kingdom , have setled themselves in divers Corporations in England , sometimes Thrée or more of them in a place , thereby taking an opportunity to distill the poysonous Principles of Schism and Rebellion into the hearts of His Majesties Subjects , to the great danger of the Church and Kingdom :

Be it therefore Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , Persons restrained from Inhabiting in Corporations . and by the Authority of the same , That the said Parsons , Vicars , Curates , Lecturers , and other persons in holy Orders , or pretended holy Orders , or pretending to holy Orders , and all Stipendaries , and other persons who have béen possessed of any Ecclesiastical or Spiritual Promotion , and every of them , who have not declared their unfeigned assent and consent as aforesaid , and subscribed the Declaration aforesaid , and shall not take and subscribe the Oath following ;

The Oath . I A. B. Do Swear , That it is not lawful upon any pretence whatsoever , to take Arms against the King ; and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person , or against those that are Commissionated by him , in pursuance of such Commissions ; And that I will not at any time endeavour any Alteration of Government , either in Church or State .

And all such person and persons as shall take upon them to Preach in any unlawful Assembly , Conventicle or Méeting , under colour or pretence of any Exercise of Religion , contrary to the Laws and Statutes of this Kingdom , shall not at any time from and after the Four and twentieth day of March , which shall be in this present year of our Lord God , One thousand six hundred sixty and five , unless onely in passing upon the Road , come or be within Five miles of any City or Town Corporate , or Burrough that sends Burgesses to the Parliament within His Majesties Kingdom of England , Principality of Wales , or of the Town of Berwick upon Tweed , or within Five miles of any Parish , Town or place , wherein he or they have since the Act of Oblivion béen Parson , Vicar , Curate , Stipendary or Lecturer , or taken upon them to Preach in any unlawful Assembly , Conventicle or Méeting , under colour or pretence of any Exercise of Religion , contrary to the Laws and Statutes of this Kingdom , before he or they have taken and subscribed the Oath aforesaid , before the Iustices of the Peace at their Quarter-Sessions to be holden for the County , Riding , or Division next unto the said Corporation , City , or Burrough Parish , place or Town , in open Court , ( which said Oath the said Iustices are hereby Impowred there to Administer ) upon forfeiture for every such offence the sum of Fourty pounds of lawful English money ; The Penalty . the one Third part thereof to His Majesty and his Successors ; the other Third part to the use of the poor of the Parish where the offence shall be committed ; and the other third part thereof to such person or persons as shall or will sue for the same by Action of Debt , Plaint , Bill , or Information in any Court of Record at Westminster , or before any Iustices of Assize , Oyer and Terminer , or Gaol-Delivery , or before any Iustices of the Counties Palatine of Chester , Lancaster , or Durham , or the Iustices of the great Sessions in Wales , or before any Iustices of Peace in their Quarter-Sessions , wherein no Essoign , Protection , or Wager of Law shall be allowed .

Provided always , and be it further Enacted by the Authority aforesaid , That it shall not be lawful for any person or persons restrained from coming to any City , Town Corporate , Burrough , Parish , Town or place , as aforesaid , or for any other person or persons as shall not first take and subscribe the said Oath , and as shall not frequent Divine Service established by the Laws of this Kingdom , and carry him or her self reverently , decently and orderly there , to Teach any publique or private-School , or take any Boarders or Tablers that are Taught or Instructed by him or her self , or any other , upon pain for every such offence to forfeit the sum of Forty pounds , to be recovered and distributed as aforesaid .

Provided also , and be it further Enacted by the Authority aforesaid , That it shall be lawful for any Two Iustices of the Peace of the respective County , upon Oath to them of any offence against this Act , which Oath they are hereby Impowred to Administer , to Commit the Offender for Six moneths without Bail or Mainprise , unless upon or before such Commitment , he shall before the said Iustices of the Peace , Swear and Subscribe the aforesaid Oath and Declaration .

Provided always , That if any person intended to be Restrained by vertue of this Act , shall without fraud or covin be Served with any Writ , Subpoena , Warrant , or other Process , whereby his personal appearance is required , his obedience to such Writ , Subpoena or Process , shall not be construed an offence against this Act.

CAP. III.

For Uniting Churches in Cities and Towns Corporate .

FOrasmuch as the setled Provision for Ministers in most Cities and Towns Corporate within this Realm , is not sufficient for the Maintenance of able Ministers fit for such places , whereby Mean and Stipendary Preachers are entertained to serve the Cures there ; who wholly depending for their Maintenance upon the good will and liking of their Auditors , have béen , and are hereby under temptation of too much complying , and suiting their Doctrine and Teaching to the humour rather then good of their Auditors , which hath béen a great occasion of Faction and Schism , and of the contempt of the Ministry : The Lords and Commons in Parliament Assembled , being deeply sensible of the ill consequence thereof , and piously desiring able Ministers in such places , and a competent setled Maintenance for them by the Vnion of Churches ; which is also become necessary , by reason of the great Ruine of many Churches and Parishes in the late ill times , and otherwise ; Do therefore most humbly beséech Your most Excellent Majesty , That it may be Enacted , and be it Enacted by the Kings most Excellent Majesty , In what Cities and Towns and how Churches and Chappels may be united . by and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , and by the Authority of the same , That in every City or Town Corporate and their Liberties within the Kingdom of England , and Dominion of Wales , which have a Mayor and Aldermen , and particular Iustices of the Peace by Charter or Commission , or Bayliff or Bayliffs , or other Chief Officer or Officers , and other Assistants by like Charter ; and where two or more Churches or Chappels , or a Church & a Chappel , & the Parishes thereunto belonging do lie within the said Corporation , or Liberties thereof , convenient to be united : In such cases the Bishop of the Diocese where such Parish and Parishes are , with the consent of the Mayor , Aldermen , and Iustices of the Peace , Bayliff or Bayliffs , or other Chief Officer or Officers , or the major part of them , and of the Patron or Patrons of such Church or Churches , Chappel or Chappels , shall , or may according to due form of Law unite the said Churches or Chappels , or Church and Chappel , or any of them , and shall appoint at which Church or Chappel , Churches or Chappels the said Parishioners and Inhabitants of the said Parishes or places to which the said Churches or Chappels , or Church and Chappel do belong , shall usually méet for the worship of God , and which of the said Churches or Chappels , or Church or Chappel shall be united and annexed unto the other , which shall be the Church Presentative , unto which all Presentations shall thereafter be only made & , unto which the Parishioners shal resort as their proper Church . And after such Order made , the said Churches or Chappels , or Church and Chappel shall accordingly for ever stand united : And the Parishioners , Landholders , and Inhabitants of the said Parishes and places belonging to such Churches or Chappels , or Church and Chappel so united and annexed , shall , as they , or any of them become void , and from thenceforward pay all such Tythes and other Duties as belong , or did belong to the Incumbent of any of the said Churches or Chappels , or Church and Chappel so united and annexed , unto the Incumbent of the said Presentative Church or Chappel , unto which the said other Churches or Chappels , or Church or Chappel shall be so united and annexed . Parishes shall remain distinct notwithstanding such Vnion of Churches .

And it is hereby also Enacted , That notwithstanding any such Vnion to be made by vertue hereof , each of the Parishes so united , shall continue distinct , as to all Rates , Taxes , Parochial Rites , Charges and Duties , and all other Priviledges , Liberties and respects whatsoever , other then what is herein before mentioned and specified ; And Churchwardens shall be elected and appointed for each Parish , as they were before such union made . How and when such Vniting shall take effect .

And it is further Enacted and Provided , That where one or more of the said Churches or Chappels , or Church and Chappel so united and annexed shall be full at the time of making such Vnion , That then the said Vnion shall take effect for every such Church or Chappel , And how severall Patrons shall present . upon the first Avoidance after such Vnion made : And that the several Patrons of the said Churches and Chappels so Vnited , shall and may present by turns to that Church onely which shall remain and be presentative from time to time , in such order as the said Bishop with the consent of the said Mayor , Aldermen , and Iustices of Peace , Bayliff or Bayliffs , or other chief Officer or Officers within such Parishes , or the major part of them , and of the Patron or Patrons of such Church or Churches , Chappel or Chappels , shall determine and decrée for the preservation of their respective Rights therein , respect being therein had to the difference of the values of the yearly Maintenance belonging to such Churches or Chappels , or any of them ; Saving unto the Kings Majesty , His Heirs and Successors , all the Tenths and First-Fruits of all such Churches and Chappels so to be Vnited , according to the rates and valuations at which the said Churches and Chappels are Rated and Valued in the Office of First-Fruits and Tenths , in His Majesties Court of Exchequer : And also reserving all Procurations and Pensions to all persons to whom they are now , and have béen formerly , or shal be hereafter due and payable ; Any thing herein contained notwithstanding .

How Vnions must be registred . Provided always , That no Vnion of Parishes or places to be made by vertue of this Act , shall commence or be effectual in Law , until it be Registred in the Register Book of the Bishop of the Diocese , which the Register is hereby required to do .

Parishes having 10 l. maintenance may not be Vnited . Provided always , That no Vnion made by vertue hereof , shall be good and effectual where the setled Maintenance belonging to the Parsons , Vicars and Incumbents of the Church or Chappel , or Churches or Chappels so Vnited , shall excéed the sum of One hundred pounds per annum cléer , and above all Charges and Reprises ; unless the respective Parishioners , or the major part of them , under their hands desire otherwise .

Incumbents o● s●ch Vnited P●● shes must be graduates of the Vniversity . Provided always , And be it Enacted , That every Minister setled as aforesaid , the Incumbent of any Church or Chappel , or Churches or Chappels united according to this Act , shall be the full and lawful Incumbent thereof to all intents and purposes , so as such Minister be a Graduate in one of the Vniversities of this Kingdom .

Owners of Impropriations may bestow and annex m●intenance to the Churches where they lie . And be it further Enacted by the Authority aforesaid , That every Owner or Proprietor , Owners or Proprietors of any Impropriation , Tythes , or Portion of Tythes , in any Parish or Chappelry within the Kingdom of England , or Dominion of Wales , is , are , and shall be by vertue of this Act , inabled and impowred to give or bestow , unite and annex the same , or any part thereof , unto the Parsonage or Vicarage of the said Parish Church or Chappel where the same do lie , or arise , or settle the same in Trust for the benefit of the said Parsonage or Vicarage , or of the Curate and Curates there successively , where the Parsonage is Impropriate , and no Vicar indowed according to his or their respective Estates , Without license of Mortmain . without any License of Mortmain ; Any Law or Statute to the contrary notwithstanding .

Parsons and Vicars not having setled means of 100 l. per annum , may purchase and annex lands or rents . without license in Mortmain . And be it further Enacted , That if the setled Maintenance of such Parsonage , Vicarages , Churches and Chappels so united , or of any other Parsonage or Vicarage with Cure in the Kingdom of England , or Dominion of Wales , shall not amount to the full sum of One hundred pounds per annum , cléer and above all charges and reprises , That then it shall be lawful for the Parson , Vicar , and Incumbent of the same , and his successors , to take , receive , and purchase to him and his successors , Lands , Tenements , Rents , Tythes , or other Hereditaments , without any License of Mortmain ; Any Law or Statute to the contrary notwithstanding .

CAP. IV.

A Former Act for Regulating the Press Continued .

BE it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , That an Act made in the Fourtéenth year of the Reign of Our Soveraign Lord the King that now is , 14 Car. 2. cap. 23. Entituled , An Act for preventing Abuses in Printing Seditious , Treasonable , and Unlicensed Books and Pamphlets , and for Regulating of Printing , and Printing Presses , shall be continued with the Alterations and Additions made in and by this Act , and shall remain in force until the end of the First Session of the next Parliament .

And be it further Enacted , That from and after the Six and twentieth day of December , One thousand six hundred sixty five , Three printed Copies of every Book in London how to be disposed . Every Printer within the City of London , or in any other place , except the Two Vniversities , shall reserve Thrée Printed Copies of the best and largest Paper , of every Book new Printed , or reprinted by him with Additions ; and shall before any publick Vending of the said Book , bring them to the Master of the Company of Stationers , and deliver them to him ; One whereof shall by the said Master of the said Company of Stationers , within Ten days after he hath so received the same , be delivered to the Kéeper of His Majesties Library , and the other two , within the said ten days , to be sent to the Vice-Chancellour of the two Vniversities respectively , for the use of the publick Libraries of the said Vniversities .

Books printed in the Vniversities And it is further Enacted , That the Printers in the said Vniversities , and every of them respectively from and after the said Six and twentieth day of December , shall deliver one such Printed Copy as aforesaid , of every Book so new Printed , or reprinted in the said Vniversities , or in either of them , to the Kéeper of His Majesties Library as aforesaid ; as also to the Vice-Chancellour of either of the said Vniversities for the time being , two other such Printed Copies , for the use of the publick Libraries of the said Vniversities respectively . And if any of the printers aforesaid , or the said Master of the Company of Stationers shall not observe the direction of this Act therein , That then he and they so making default , in not delivering the said printed Copies as aforesaid , shall severally forfeit , besides the value of the said printed Copies , the sum of Five pounds for every Copy not so delivered ; as also the value of the said printed Copies not so delivered : The same to be recovered by His Majesty , His Heirs and Successors , and by the Chancellour , Masters and Scholars of either of the said Vniversities respectively , by Action of Debt , Bill , Plaint or Information , in any of His Majesties Courts of Record at Westminster , wherein no Essoyn , Protection , or Wager of Law shall be allowed .

CAP. V.

Thomas Dolman , Joseph Bampfeild , and Thomas Scot attainted of High Treason , if they render not themselves by a Day .

IN all humble manner shew unto Your most Excellent Majesty , Your Majesties most Dutiful and Loyal Subjects the Lords Spiritual and Temporal and Commons Assembled in Parliament , That whereas it is notoriously known that Thomas Dolman , Joseph Bampfeild alias Stepner , and Thomas Scot Son of Thomas Scot lately Executed as a Most execrable Traitor , & one of the horrid & bloudy murderers of His late Royal Majesty King Charles the First of ever blessed memory , contrary to the duty of their Allegiance , have most traiterously and wickedly adhered , and still do adhere to Your Majesties Enemies beyond the Seas , where they as yet remain and commit divers Treasonable acts , without any sense of loyalty to Your Majesty , or of natural affection to their native Country :

May it therefore please Your most Excellent Majesty , That it may be Enacted , And be it Enacted by the Kings most Excellent Majesty , by and with the consent and advice of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled , That if the said Thomas Dolman , Joseph Bampfeild alias Stepner , and Thomas Scot , Thomas Dolman , Joseph Bampfeild , Thomas Scot. shall not return into the Realm of England , and render themselves to some or one of His Majesties Iustices of the Peace for the County wherein he or they shall first arrive , at , or before the first day of February next ensuing , and also abide their Legal Trial for such their Treasons ; Then every of them the said Thomas Dolman , Joseph Bampfeild alias Stepner , and Thomas Scot , not rendering himself as aforesaid , or not abiding his Trial aforesaid , shall from and after the said First day of February stand and be adjudged attainted of High Treason , to all intents and purposes whatsoever , and shall suffer and forfeit as a person attaint of High Treason by the Laws of the Land ought to suffer and forfeit .

And be it further Enacted by the Authority aforesaid , Persons beyond Sea , by Proclamation are required to return into England . That all and every person and persons who now are , or hereafter shall be beyond the Seas , and whom His Majesty by any of His Royal Proclamations to be issued under the Great Seal of England , during the continuance of this War with the States of the United Provinces , shall name and require to return into England , and render themselves by a certain day therein to be mentioned , to some or one of His Majesties Iustices of the Peace for the County wherein he or they shall first arrive , and shall not return and render themselves accordingly , and abide their legal Trial , shall from and after the day to them to be prefixed by such Proclamation , stand and be attainted of High Treason to all intents and purposes , and shall suffer such pains and penalties , and undergo all such forfeitures as persons attainted of High Treason ought to do . The time by such Proclamation Three moneths at least .

Provided , That the time to be prefixed by such Proclamation for the persons therein to be named to render themselves , be not less then the time and term of Thrée Calendar moneths , from and after the Date of such Proclamation .

And be it further Declared and Enacted by the Authority aforesaid , Persons Serving the States of the Vnited Provinces during the War . That all and every His Majesties Subjects , who from and after the First day of February next ensuing , shall at any time during the continuance of the said War , serve the States of the United Provinces , either by Land or Sea , as a Souldier or Seaman on this side the Straights ; Or from and after the First day of May , in the year of our Lord One thousand six hundred sixty and six , within the Straights ; Or from and after the First day of August in the said year One thousand six hundred sixty six , in Africa or America , or any any where beyond the Straights , on this side the Equinoctial ; Or from and after the First day of February , in the said year One thousand six hundred sixty six , in the East-Indies , or any part beyond the Equinoctial , shall be and are hereby Attainted of High Treason , and shall suffer and forfeit to all intents and purposes , as persons Attainted of High Treason ought to do .

CAP. VI.

Damage Cleere taken away .

WHereas the moneys which are taken by Prothonotaries of Your Majesties Courts of Kings Bench and Common Pleas , and by the Clerk of Your Majesties Court of Exchequer at Westminster , and the Prothonotary of Your Majesties Court of Common Pleas at Lancaster , and the Prothonotaries and Clerks of other Your Majesties Courts within the Realm of England , and Dominion of Wales , in the name of Damna Clericorum , or Damage Cléere , Damna Clericorum . are an unnecessary charge and burden to all Your Majesties Subjects , who have good cause , and are put to Sue for Damages in Actions where Damages are recoverable .

For avoiding of which inconveniencies for the future , and that Your Majesties Subjects may have an easier means for the recovery of their damages , and just rights , which are unjustly detained from them : May it please Your most Excellent Majesty that it may be Enacted ; And the Kings most Excellent Majesty being willing upon all occasions to ease His Subjects of all unnecessary charges and burdens , is graciously pleased , That it be Enacted , And be it Enacted by the Kings most Excellent Majesty , Shall determine and not be taken after the 29 day or September 1672. with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of the same , That immediately from and after the Twenty ninth day of September , which shall be in the year of our Lord , One thousand six hundred seventy two , no Damage Cléere shall by any Title or Precept whatsoever , be due , payable , taken or received from any person or persons in any Action whatsoever , sued or prosecuted in any of His Majesties Courts at Westminster , or elsewhere within the Kingdom of England , or Dominion of Wales , by any Prothonotary , Clerk or Clerks , or other Officer or Officers of the said Courts respectively : And that from and after the day and year aforesaid , the said Fée of Damna Clericorum , or Damage Cléere , shall wholly cease , and be for ever abolished in the said Courts ; And that if any Prothonotary , Clerk or Clerks , or other Officer in any of the said Courts , The Penalty . shall take or exact any sum or sums of money in the name of Damna Clericorum , or Damage Cléere , or any thing in lieu thereof , after the day and year above mentioned : Or if any of the said Prothonotaries , Clerk or Clerks or their Deputies , at any time before the said Twenty ninth day of September in the year aforesaid , shall exact or take any Damage Cléere , or sum of money , Bond or Security in lieu thereof , from any Plaintiff or Plaintiffs , Demandant or Demandants , in any Action where Damages have béen , or hereafter shall be recovered in any of the said Courts , or shall refuse or delay to Sign any Iudgement , until Damage Cléere be first paid by the Plaintiff or Demandant ( which are not to be paid , unless forth of the moneys levied from , or paid by the Defendants , as is herein after provided and mentioned ) He or they so offending , shall forfeit treble the sum so taken , exacted or demanded , to the party or parties grieved , to be recovered by Bill , Plaint or Information in any of the said Courts , wherein no Essoyn , Protection , or Wager of Law shall be allowed .

Provided , and be it further Enacted , That until the Nine and twentieth day of September , which shall be in the year of our Lord God , In what cases only they may be taken until the 29 September 1672. One thousand six hundred seventy and two , and no longer , the Damage Cléere shall be paid , answered , and allowed out of such sum and sums of money onely as shall be actually levied , or otherwise paid by or from the Defendants ; and onely for the proportion of the Sum and Sums of money which shall be so levied or otherwise paid as aforesaid , and no more or otherwise .

CAP. VII .

For a more speedy and effectual proceeding upon Distresses and Avowries for Rents .

FOrasmuch as the ordinary Remedy for Arrearages of Rents , is by Distress upon the Lands chargeable therewith ; And yet nevertheless by reason of the intricate and dilatory proceedings upon Replevins , that Remedy is become ineffectual :

For remedy thereof , It is Enacted by the Kings most Excellent Majesty , with the Advice and Assent of the Lords Spiritual and Temporal , Plaintiff in Replevin being nonsuit before issue joyned . and Commons in this present Parliament Assembled , and by Authority of the same , That whensoever any Plaintiff in Replevin shall be Non-suit before Issue joyned in any Suit of Replevin , by Plaint or Writ lawfully returned , How the Defendant may Avow . removed , or depending in any of the Kings Courts at Westminster , That the Defendant making a Suggestion in nature of an Avowry or Cognizance for such Rent , to ascertain the Court of the cause of Distress ; The Court upon his Prayer shall award a Writ to the Sheriff of the County where the Distress was taken , to enquire by the Oaths of Twelve good and lawful men of his Bayliwick , touching the Sum in Arrear at the time of such Distress taken , and the value of the Goods or Cattel distrained ; And thereupon notice of Fiftéen days shall be given to the Plaintiff or his Attorney in Court , of the sitting of such Enquiry ; and thereupon the Sheriff shall enquire of the truth of the matters contained in such Writ , by the Oaths of Twelve good and lawful men of his County : And upon the Return of such Inquisition , the Defendant shall have Iudgement to recover against the Plaintiff the Arrearages of such Rent , in case the Goods or Cattel distrained shall amount unto that value : And in case they shall not amount to that value , then so much as the value of the said Goods and Cattel so distrained shall amount unto , The Plaintiff nonsuit after Avowry made &c. together with his full Costs of Suit , and shall have Execution thereupon by Fieri facias , or Elegit , or otherwise as the Law shal require . And in case such Plaintiff shal be nonsuit after Cognisance or Avowry made , and Issue joyned , or if the Verdict shall be given against such Plaintiff ; then the Iurors that are Impannelled or Returned to inquire of such Issue , shall at the prayer of the Defendant inquire concerning the Sum of the Arrears , and the value of the Goods or Cattel distrained : And thereupon the Avowant , or he that makes Cognisance shall have Iudgement for such Arrearages , or so much thereof as the Goods or Cattel distrained amount unto , together with his full Costs , and shall have Execution for the same by Fieri facias or Elegit , or otherwise , as the Law shall require . Iudgement upon Demurrer for the Avowant .

And be if further Enacted by the Authority aforesaid , That if Iudgement in any of the Courts aforesaid be given upon Demurrer for the Avowant , or him that maketh Cognisance for any Rent , the Court shall at the prayer of the Defendant award a Writ to inquire of the value of such Distress ; and upon the return thereof Iudgement shall be given for the Avowant , or him that makes Cognisance as aforesaid , for the Arrears alledged to be behind in such Avowry or Cognisance , if the Goods or Cattel so distrained shall amount to that value : And in case they shall not amount to that value then for so much as the said Goods or Catel so distrained amount unto , together with his full Costs of Suit , and shall have like Execution as aforesaid .

Provided always , And be it Enacted , That in all Cases aforesaid , where the value of the Cattel distrained as aforesaid , shall not be found to be to the full value of the Arrears distrained for , that the party to whom such Arrears were due , his Executors or Administrators may from time to time Distrain again for the Residue of the said Arrears . 19 Car. 2. cap. 5. This Act made to extend to Wales and Counties Palatine .

CAP. VIII .

An Act for avoiding unnecessary Suits and Delayes .

FOr the avoiding of unnecessary Suits and Delayes , Be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament Assembled , and by Authority of the same , Death of either party between the Verdict and Iudgment . That in all Actions personal and real , or mixt , the death of either party betwéen the Verdict and the Iudgment , shall not hereafter be alledged for Error ; so as such Iudgment be entred within two Terms after such Verdict .

And be it further Enacted by the Authority aforesaid , Iudgment obtained by an Executor . where any Iudgment after a Verdict shall be had , by or in the name of any Executor or Administrator ; In such case an Administrator de bonis non may sue forth a Scire facias , and take Execution upon such Iudgment .

This Act to continue for the space of Five years ; The continuance of this Act. and from thence to the end of the next Session of Parliament .

CAP. IX .

An Act for granting one Moneths Assessment to His Majesty .

WE Your Majesties most dutiful and Loyal Subjects the Commons Assembled in Parliament , taking notice of that Heroick Courage , The Heroick Courage of his Highness the Duke of York . with which Your Majesties Royal Brother exposed his own Person for the Defence of Your Majesty and Your People against the Dutch Fléet , and of the Glorious Victory through the blessing of Almighty God by him obtained , are humble Suiters unto Your Majesty , that we may have leave to make some expressions of our Humble Thanks to his Royal Highness for the same ; And that for this end , Your Majesty would graciously please to accept from us your Loyal Subjects , the sum of money herein after mentioned , and to bestow the same upon Your Majesties Royal Brother ; Wherefore we your Majesties said Dutiful and Loyal Subjects , have given and granted , and by these presents do give and grant unto your most Excellent Majesty ( whom God long preserve ) the Sum of One hundred and twenty thousand nine hundred and two pounds , fiftéen shillings and eight pence , to be raised and levied in manner following , ( That is to say ; )

Whereas in and by a certain Act lately passed for granting a Royal Ayd unto his Majesty of Twenty four hundred thréescore and seventéen thousand and five hundred pounds , to be raised , 16 & 17 Ca● . 2. cap. 1. levied and paid within the space of thrée years ; It was amongst other things Enacted , That the sum of Thréescore and eight thousand eight hundred and ninetéen pounds , and nine shillings by the Moneth , for thirty six Moneths , beginning from the Five and twentieth day of December , One thousand six hundred sixty four , should be assessed , taxed , levied and paid by twelve quarterly payments , in the several Counties , Cities , Burroughs , Towns and places within England and Wales , and Town of Berwick upon Tweed , according to the Rates and Proportions therein expressed .

And whereas in and by another Act passed in this present Session of Parliament , 17 Car. 2. cap. 1. It is further Enacted , That the sum of Fifty two thousand fourscore and thrée pounds six shillings and eight pence by the moneth , for twenty four moneths , beginning from the five and twentieth day of December , One thousand six hundred sixty five , shall be likewise assessed , taxed , collected , levied and paid by eight quarterly payments , in the several Cities , Burroughs , Towns and Places within England and Wales , and the Town of Berwick upon Tweed , over and above the said sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings , as an addition to , and increase of the same monethly Assessment , both which Sums together amount unto the sum of One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence by the Moneth .

It is now further Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and of the Commons in this present Parliament Assembled , That the Sum of One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence , for one Moneths Assessment more , beginning upon the Six and twentieth day of December , One thousand six hundred sixty seven , and ending upon the Six and twentieth day of January in the same year , shall be assessed , taxed , collected , levied and paid in the several Counties , Cities , Burroughs , Towns and Places within England and Wales , and the Town of Berwick upon Tweed , according to the Rates and Proportions following : That is to say ,

For the County of Bedford , the sum of One thousand five hundred seventy and five pounds twelve shillings six pence farthing .

The County of Berks , the sum of One thousand nine hundred eighty nine pounds four shillings nine pence thrée farthings .

The County of Bucks , the sum of Two thousand thrée hundred and ten pounds fourtéen shillings and thrée pence .

The County of Cambridge , the sum of One thousand seven hundred ninety and one pounds eightéen shillings thrée half pence .

The Isle of Ely , the sum of Six hundred and fourtéen pounds thirtéen shillings and nine pence .

The County of Chester , with the City and County of the City of Chester , the sum of One thousand four hundred and seven pounds thirtéen shillings and one peny .

The County of Cornwall , the sum of Two thousand seven hundred and seven pounds , seven pence farthing .

The County of Cumberland , the sum of Two hundred ninety and five pounds thirtéen shillings and four pence farthing .

The County of Derby , the sum of One thousand five hundred and fiftéen pounds one shilling and thrée pence thrée farthings .

The County of Devon , the sum of Five thousand six hundred seventy and four pounds five shillings eleven pence farthing .

The City and County of the City of Exon , the sum of Two hundred and four pounds eight shillings six pence half-peny .

The County of Dorset , the sum of Two thousand thrée hundred sixty and two pounds two pence half-peny .

The Town and County of Pool , the sum of Ninetéen pounds five shillings eleven pence farthing .

The County of Durham , the sum of Five hundred sixty and eight pounds eightéen shillings two pence farthing .

The County of York , with the City and County of the City of York , and Town of Kingstone upon Hull , the sum of Six thousand ninety and four pounds thirtéen shillings nine pence thrée farthings .

The County of Essex , the sum of Five thousand four hundred forty and thrée pounds four shillings eleven pence thrée farthings .

The County of Gloucester , the sum of Thrée thousand one hundred seventy and seven pounds two shilings nine pence farthing .

The City and County of the City of Gloucester , the sum of Sixty and nine pounds four shillings thrée pence farthing .

The County of Hereford , the sum of One thousand nine hundred eighty and eight pounds one shilling five pence thrée farthings .

The County of Hertford , the sum of Two thousand thrée hundred sixty and four pounds five shillings and eight pence half-peny .

The County of Huntington , the sum of One thousand one hundred and thirtéen pounds five shillings and six pence .

The County of Kent , with the City and County of the City of Canterbury , the sum of Five thousand eight hundred forty and four pounds thirtéen shillings two pence half-peny .

The County of Lancaster , the sum of One thousand seven hundred sixty and eight pounds nine shillings and ten pence half-peny .

The County of Leicester , the sum of One thousand nine hundred and five pounds eleven shillings and nine pence thrée farthings .

The County of Lincoln , with the City and County of the City of Lincoln , the sum of Four thousand five hundred twenty and thrée pounds seventéen shillings and two pence farthing .

The City of London , with the Liberty of S. Martins le Grand , the sum of Eight thousand nine hundred forty and four pounds fourtéen shillings two pence thrée farthings .

The County of Middlesex , with the City and Liberty of VVestminster , the sum of Thrée thousand nine hundred thirty and six pounds and ten pence .

The County of Monmouth , the sum of Six hundred eighty and five pounds , two shillings nine pence thrée farthings .

The County of Northampton , the sum of Two thousand four hundred eighty and thrée pounds eightéen shillings thrée pence farthing .

The County of Nottingham , with the Town and County of the Town of Nottingham , the sum of One thousand five hundred thirty and four pounds seven shillings two pence half-peny .

The County of Norfolk , the sum of Five thousand nine hundred twenty and one pounds seven shillings four pence farthing .

The City and County of the City of Norwich , the sum of Thrée hundred and sixtéen pounds , four shillings four pence farthing .

The County of Northumberland , with the Towns of Newcastle and Berwick upon Tweed , the sum of Six hundred fifty and four pounds seventéen shillings eleven pence farthing .

The County of Oxon , the sum of One thousand nine hundred ninety and four pounds seventéen shillings four pence farthing .

The County of Rutland , the sum of Four hundred twenty and two pounds eight shillings one peny farthing .

The County of Salop , the sum of Two thousand one hundred and fourtéen pounds twelve shillings eight pence farthing .

The County of Stafford , the sum of One thousand four hundred ninety and seven pounds , fiftéen shillings nine pence half-peny .

The City and County of the City of Litchfield , the sum of Two and twenty pounds sixtéen shillings nine pence farthing .

The County of Somerset , the sum of Four thousand eight hundred sixty and eight pounds eightéen shillings ten pence thrée farthings .

The City and County of the City of Bristol , the sum of Thrée hundred and fifty pounds six shillings six pence farthing .

The County of Southampton , with the Town and County of Southampton , and the Isle of VVight , the sum of Thrée thousand eight hundred forty and six pounds six shillings and seven pence .

The County of Suffolk , the sum of Five thousand seven hundred ninety and four pounds fiftéen shillings thrée pence farthing .

The County of Surry , with the Burrough of Southwark , the sum of Two thousand eight hundred and five pounds eleven shillings six pence half-peny .

The County of Sussex , the sum of thrée thousand one hundred ninety and nine pounds fiftéen shillings one peny thrée farthings .

The County of VVarwick , with the City and County of the City of Coventry , the sum of Two thousand ninety and four pounds fiftéen shillings eleven pence .

The County of Worcester , the sum of One thousand eight hundred fifty and one pounds ten shillings ten pence .

The City and County of the City of VVorcester , the sum of Ninety seven pounds nine shilllings and thrée farthings .

The County of Wilts , the sum of Thrée thousand four hundred fifty and five pounds seven shillings one peny half-peny .

The County of Westmerland the sum of Two hundred and thrée pounds fiftéen shillings eight pence half-peny .

The Isle of Anglesey , the sum of Two hundred and twenty pounds fiftéen shillings and ten pence .

The County of Brecknock , the sum of Four hundred ninety six pounds , six shillings six pence .

The County of Cardigan , the sum of One hundred eighty five pounds , sixtéen shillings eleven pence thrée farthings .

The County of Carmarthen , the sum of Four hundred seventy eight pounds ten shillings thrée half-pence .

The County of Carnarvan , the sum of Two hundred fifty and seven pounds , eleven shillings thrée farthings .

The County of Denbigh , the sum of Thrée hundred ninety and two pounds thirtéen shillings eight pence half-peny .

The County of Flint , the sum of Two hundred and eight pounds sixtéen shillings thrée pence thrée farthings .

The County of Glamorgan , the sum of Six hundred sixty and five pounds , fourtéen shillings one peny thrée farthings .

The County of Merioneth , the sum of One hundred seventy and seven pounds , one shilling and nine pence thrée farthings .

The County of Montgomery , the sum of Four hundred eighty and five pounds eightéen shillings and eight pence .

The County of Pembroke , the sum of Five hundred seventy and thrée pounds , eleven shillings seven pence thrée farthings .

The County of Radnor , the sum of Thrée hundred and six pounds , five shillings two pence thrée farthings .

The Town of Haverford West , the sum of Twenty and six pounds thirtéen shillings .

And be it further Enacted , Commissioners named in the former Act , 16 & 17 Car. 2. cap. 1. That all and every the Persons who are appointed to act as Commissioners for execution of the said former Act , shall likewise be , and so are hereby constituted and appointed to be Commissioners for execution of this present Act within the several and respective Counties , Cities , Burroughs , Towns and Places for which they were formerly appointed , and shall have and execute like Powers and Authorities , Rules and Directions , touching the better assessing , collecting , levying , receiving , and paying the said One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence ; And all and every person or persons who shall be liable to , or any wayes concerned or imployed in the assessing , collecting , levying , receiving , or paying of the Moneys by this Act imposed , shall have like benefits , advantages and discharges , and shall be subject to like penalties , and forfeitures in case of any neglect , or refusal to pay their respective Assessment , or to perform their respective duties , as any other person or persons lyable unto , or concerned or imployed in the assessing , collecting , levying , receiving , or paying any of the said former Assessments , ought to have , or be subject unto , as fully and amply , as if all and every the clauses , matters and things to the said former Assessments relating , had béen again in this Act repeated and Enacted .

The meeting of the Commissioners . And be it further Enacted , That the several Commissioners shall méet together at the most usual and common place of méeting , vpon or before the Tenth day of January , One thousand six hundred sixty seven , to put this Act in Execution : And that the said One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence , shall be assessed , collected , levied and paid unto the Receivers of the several Counties appointed or to be appointed by His Ma●esty , and by them answered and paid into his Majesties Exchequer , upon or before the Fiftéenth day of February , One thousand six hundred sixty and seven .

Anno XVIII . Caroli II. Regis .

CAP. I.

Moneys raised by a Poll , and otherwise , towards the Maintenance of the present War .

MOst Gracious Soveraign , We Your Majesties most Obedient and Loyal Subjects , the Commons now in Parliament Assembled , having taken into our serious Consideration the many and urgent Occasions which at this time do press Your Majesty to an extraordinary Expence of Treasure for the Defence of Your Majesties Kingdoms and Dominions , and in most thankful acknowledgment of Your Majesties just and tender Care of the welfare of Your People , A Free Gift presented to his Majesty towards the carrying on the Warre . Do most humbly present unto Your Majesty a Frée Gift of several Sums of money , towards the carrying on of the present War , to be Levied in such manner as is hereafter expressed , and do beséech your Majesty to accept thereof ; And that it may be Enacted : And be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and of the Commons in this present Parliament Assembled , and by the Authority of the same , That all and every person and persons , Bodies Politique and Corporate , Guilds or Fraternities within this Kingdom of England , Dominion of Wales , or Town of Berwick upon Tweed , having any personal Estate in such Debts owing to them within the Realm or without , Of Personal Estates in Debts and Moneys . which he or they do not account or estéem as desperate , ( over and besides such just Debts as he , she , or they shall bona fide owe ) or in ready moneys ; shall yield and pay unto His Majesty for every Hundred pounds , in such Debts and ready Moneys , the sum of Twenty shillings , to be Assessed , Imposed , Levied and Collected in manner herein after mentioned .

Debts and Moneys not chargeable by this Act. Provided always , That no sum of Money which hath béen lent unto his Majesty upon the Security of the Act Passed at Oxford in the Seventéenth year of his Majesties Reign , entituled , An Act for granting the Sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for His present further Supply , or lent by the City of London upon the Security of His Majesties Revenue arising by Hearth-money , 17 Car. 2. cap. 1. at the rate of Sir per Cent. and which at the time of the execution of this present Act shall be unpaid ; nor any sum of money which shall be lent unto his Majesty upon the Security of this present Act , or upon the Security of any other Act of Parliament passed , or to be passed during this present Session of Parliament , at the rate of Sir per Cent. shall be Rated or Assessed by vertue of this Act ; Any thing herein contained to the contrary notwithstanding .

Commissioners and Officers chargeable . And be it further Enacted by the Authority aforesaid , That all and every person and persons , Commissioner or Commissioners , having , using , or exercising any Office , Place , or publick Imployment whatsoever , ( such persons who are or shall be in Muster and Pay at Land or Sea onely excepted ) and all and every their Deputies , Agents , Clerks , Secondaries , Substistutes , and other their inferiour Ministers and Servants whatsoever , who are already Taxed in and to the said Monethly Assessment , for and in respect of their Offices , Agencies and Imployments , shall likewise pay vnto his Majesty over and above the several sums with which they are or shall be Charged in or to the said Monethly Assessment , the sum of Twelve pence for every Twenty shillings which he or they do receive in one year by vertue of any Fées , Profits , Perquisites , or other Advantages to him or them accruing , or by reason or occasion of their several Offices , Agencies and Imployments . And such who are not already Taxed in and by the said Monethly Assessment , for and in respect of their Commissions , Offices , Agencies and Imployments , shall yield and pay unto His Majesty the full sum of Thrée shillings for every Twenty shillings which he or they do receive in one year by vertue of any Fées , Profits , Perquisites , or other advantages to him or them accruing , or by reason or occasion of their several and respective Commissions , Offices , Agencies and Imployments : The said several sums of Twelve pence in every Twenty shillings , and Thrée shillings in every Twenty shillings , to be Assessed , Imposed , Levied and Collected in such manner as is herein after mentioned ; Allowing to every such Officer and Commissioner , one Third part of the Annual Salary or Sum of money he shall so receive , for and towards his or their charge of executing any such Commission , Office or Place before mentioned .

And be it further Enacted by the Authority aforesaid , Pensions and Stipends from his Majesty . That all and every other person and persons having , or claiming to have any Pension , or yearly Stipend or Annuity by vertue of any Gift or Grant from His Majesty under his Great Seal or Privy Seal , shall pay unto his Majesty the sum of Thrée shillings for every Twenty shillings by the year , so given or granted as aforesaid , to be Assessed , Imployed , Levied and Collected in such manner as is herein after mentioned .

And be it further Enacted by the Authority aforesaid , That all Sergeants at Law , Counsellors , Sergeants at Law , Counsellors , Attorneys , Sollicitors , Scriveners , Advocates , Proctors , Notaries , Physitians . Attorneys , Sollicitors and Scriveners , and all Advocates , Proctors , and publick Notaries , and all and every person and persons practising the Art of Physick , shall pay unto His Majesty the sum of Two shillings for every Twenty shillings which he or they do receive by his and their respective Practises and Professions in one year , allowing to every such person and persons of the several Professions aforesaid , one Third part out of such moneys as he or they shall so receive in their respective Practises and Professions , for and towards the Charge and Expence occasioned by his or their attendance upon his or their Practice or Professions aforesaid .

And all and every Servant , Servants Wages . which at the time of the execution of this Act shall receive Wages for his , her , or their Service , shall pay unto His Majesty the sum of Twelve pence for every Twenty shillings by the year , which shall be due or payable to him , her , or them , for his , her , or their Wages , except for Board-wages .

And all and every person and persons shall pay unto his Majesty the sum of Twelve pence over and above the other Rates charged upon them by this Act. 19 Car. 2. cap. 1.

And be it further Enacted , In what cases Masters shall pay Servants Assessment . That in case any Servant shall upon the demand of such Assessment or Moneys as are due from him or her by vertue of this Act , refuse or neglect to pay the same to the respective Collector ; in such case his or their Master or Mistress shall pay such Servants Assessment , And it shall then be lawful for such Master or Mistress to deduct and stop the same out of such Wages as shall or ought to be next paid unto such Servant ; Any Law or Custom to the contrary notwithstanding .

Provided always , That no person who receives Alms from the Parish , Persons receiving Alms exempted . nor the Children of any person remaining in his or her Family , who by reason of their poverty doth not contribute to the Rates for the Church and Poor , and who are under the age of Sixtéen years , shall be charged or taxed by vertue of this present Act.

Provided also , and be it Enacted . That every Alien-stranger born out of this Kingdom , Aliens shall pay double . shall pay double the sum which he or they ought to have paid in any capacity whatsoever in this Act mentioned , in case he or they had béen natural born Subjects .

And be it further Enacted and Ordained , Persons of several Ranks and Degrees . That all and every person and persons who at the time of the execution of this Act , shall be of the several Ranks and Degrées hereafter mentioned , shall to the purpose aforesaid contribute and pay the several sums of money hereafter in this Act set down and appointed : That is to say , Duke . Every person of the degrée of a Duke of England Scotland , or Ireland , inhabiting and residing within this Kingdom , shall pay the sum of Fifty pounds : Every person of the degrée of a Marquess of any of the said thrée Kingdoms , Marquess . inhabiting and residing within this Kingdom , shall pay the sum of Fourty pounds : Every person of the degrée of an Earl of any of the said thrée Kingdoms , Earl . and inhabiting or residing within this Kingdom , the sum of Thirty pounds : Viscount . Every person of the degrée of a Viscount of any of the said thrée Kingdoms , and inhabiting and residing within this Kingdom , the sum of Twenty five pounds ; Every person of the degrée of a Baron of any of the said thrée Kingdoms , Baron . and inhabiting or residing within this Kingdom , the sum of Twenty pounds ; Eldest Son of a Duke . Every eldest Son of a Duke of any of the said thrée Kingdoms , and inhabiting or residing within this Kingdom , being of the age of One and twenty years , the sum of Thirty pounds ; Eldest Son of a Marquess . Every eldest Son of a Marquess of any of the said thrée Kingdoms , and inhabiting and residing within this Kingdom , being of the age of One and twenty years , the sum of Twenty five pounds ; Eldest Son of an Earl . Every eldest Son of an Earl of any of the said thrée Kingdoms , and inhabiting or residing within this Kingdom , being of the age of One and twenty years , the sum of Twenty pounds ; Eldest Son of a Viscount . Every eldest Son of a Viscount of any of the said thrée Kingdoms , and inhabiting or residing within this Kingdom , being of the age of One and twenty years , the sum of Seventéen pounds ten shillings ; Eldest Son of a Baron . Every eldest Son of a Baron of any of the said thrée Kingdoms , and inhabiting or residing within this Kingdom , being of the age of One and twenty years , the sum of Fiftéen pounds ; Baronet . Every person of the degrée of a Baronet of any of the said thrée Kingdoms , or of Nova Scotia , and inhabiting or residing within this Kingdom , the sum of Fiftéen pounds ; Knight of the Bath . Every person that is a Knight of the Order of the Bath , inhabiting or residing within this Kingdom , the sum of Fiftéen pounds ; Every person who is a Knight Batchelor , Knight Batchelor . Sergeant at Law . Esquire . inhabiting or residing within this Kingdom , the sum of Ten pounds ; Every Sergeant at Law , the sum of Ten pounds ; Every person of the degrée of an Esquire , or so reputed , inhabiting or residing within this Kingdom , and above the age of One and twenty years , the sum of Five pounds ; Every Widow respectively according to her Husbands degrée , ●●dow . shall pay the third part rated by this Act , upon that degrée of which the Husband of such Wife was in his life-time : Gentleman . And every Gentleman , or reputed Gentleman , above the age of Sixtéen years , the sum of Twenty shillings .

Proviso for Gentlemen not having 300 l. Estate . Provided always , That every Gentleman having an Estate of the value of Thrée hundred pounds , or more , shall be charged with the sum of Twenty shillings by vertue of this Act , though he be a Minor under the age of One and twenty years : And no Gentleman not having such an Estate , and shall thereof make Oath before any two or more of the respective Commissioners , shall be charged with the said sum of Twenty shillings , in respect of his Title .

And be it further Enacted and Ordained , That all and every the person and persons within the Kingdom of England , Dominion of Wales , and Town of Berwick upon Tweed , who at the time of the execution of this Act , Orders , Ranks and Degrees . shall be of the several Orders , Ranks or Degrées hereafter mentioned , shall to the purpose aforesaid , pay the several sums of money hereafter in this Act set down and appointed , Archbishop . Bishop . ( that is to say ) Every person of the Order and Degrée of an Archbishop , shall pay the sum of Fifty pounds ; Every person of the Order and Degrée of a Bishop , the sum of Twenty pounds ; Dean . Every person of the Degrée of a Dean of any Cathedral or Collegiate Church , shall pay the sum of Ten pounds ; Archdeacon . Every person of the Degrée of an Arch-Deacon , shall pay the sum of Forty shillings ; Canon Prebendary . Every person of the Degrée of a Canon , or Prebendary of any Cathedral or Collegiate Church , excepting such sole Prebendary , who is a sole Corporation , and his Prebend not Rated in the Exchequer at above Thirty pounds , Doctor of Divinity , Law , Physick . shall pay the sum of Fifty shillings ; Every person of the Degrée of a Doctor in Divinity , Law or Physick , shall pay the sum of Five pounds .

Doctors of Divinity not beneficed . Provided always , That no Doctor of Divinity , not having any Benefice or Ecclesiastical preferment , shall be charged for his Title or Dignity of Doctor , by vertue of this Act , nor the Widow of any Ecclesiastical person shall be charged for the third part , according to the Title or Dignity of her late Husband .

And be it further Enacted by the Authority aforesaid , That for the better Assessing , Ordering and Levying of the several sums of money so as aforesaid limited and appointed to be paid , and for the more effectual putting of this present Act in execution , such persons shall by vertue of this Act be Commissioners for the several and respective Counties , Who shall be Commissioners to execute this Act. Cities , Boroughs , Towns and Places within the Kingdom of England , Dominion of Wales , and Town of Berwick upon Tweed , as are nominated and appointed Commissioners for putting in execution the Powers in a former Act of this Parliament , 16 & 17 Car. 2. cap. 1. entituled , An Act for granting a Royal Ayd unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds , to be raised , levied and paid in the space of Three years .

And be it further Declared and Enacted by the Authority aforesaid , That these persons hereafter named , shall be added Commissioners for the several Counties , Places and Precincts respectively , and shall exercise the same power as if they had béen named in the said former Act , Viz.

Bedford . For the County of Bedford , Villiers Charnock , Humphrey Monox , John Beecher , Thomas Daniel , John Gardiner , Esquires , _____ Horne , Peter Harman Gent.

Berks. For the County of Berks , Sir William Craven Knight , John Kingsmill Esquire , John Withwick , Edward Keat , Charles Fettiplace , William Bowles senior , Esquires ; John Munday , William Packer , Richard House , Gent. _____ Gilly Esquire , Hugh Barker Doctor of Physick .

Bucks. For the County of Bucks , Sir Charles Clever Knight , Sir Timothy Tyrrel Knight and Baronet , Sir Frederick Hyde , Thomas Catesby , Edward Stafford , Esquires ; Matthew Archdel Gent , Sir John Busby . For the Town of Buckingham , George Robbins .

Cambridge . For the County of Cambridge , Sir John Jacob Baronet , Sir Ralph Bovey Baronet , Roger Pepys Esq. Gerrard Russel Esq. For the Town of Cambridge , Rowland Simpson Alderman .

Ely . For the Isle of Ely , William Legat , Anthony Fisher , Peter Diamond , Esquires .

Chester . For the City and County of the City of Chester , Thomas Cooper Alderman , Edward Bradshaw Esq Richard Burd Alderman , Richard Minshal , Richard Taylor , John Poolie , Robert Harvy , Aldermen .

Cornwall . For the County of Cornwall , John Trelawney of Trelawen , Thomas Vivian ; John Moulesworth , Esquires ; William Inch , Abel French , Nicholas Trebarfoot , Edward Herle , Edward Hoblin , Nicholas Herle , Walter Leech , George Spry , William Bond , Thomas Dodson , Iohn Arundel , Iohn Tregygle , William Thomas , Anthony Tanner , John Barret , Thomas Penhallow , Iohn Tamlin , Iohn Verman , Richard Williams , Iohn Williams , Esquires ; William Kegwin , Henry Edwards , Arthur Painter , Gent.

Cumberland . For the County of Cumberland , John Warwick , Richard Lamplugh , Miles Penington , Joseph Patrickson , Iohn Senhouse , William Orphaur , Ferdinando Hudleston , Leonard Dykes , Hugh Ascue , Richard Patrickson , John Punsonbee , Esquires .

Devon . For the County of Devon , Christopher Lord Torington , Richard Duke , Gydeon Heydon , Richard Lee , Richard Hillersdon , Samuel Roll , Arthur Ashford , John Bluet , William Bragg , Matthew Halls , Edmund Parker , John Mallet , Esquires ; Sir Iohn Stowel , Iohn Chichester Esquire .

Exon. For the City and County of Exon , John Mallet Esquire , Doctor Edward Masters Chancellor of the Diocess , Eustace Budgell Gent.

Derby . For the County of Derby , George Savile , Robert Ashton , John Gell , Iohn Low , Iohn Du● , Esquires ; Andrew Clayton , Robert Moore Gent. Richard Merchant , Alderman , Edward Abney Esquire .

Dorset . For the County of Dorset , Robert Cullyford , William Frampton , Robert Williams , Henry Henly junior , Humphrey Weld , Esquires ; the High Sheriff for the time being , Iohn Ellesdon , Salomon Andrews , Iohn Gallop , Gentlemen .

Pool . For the Town and County of Pool , the Mayor for the time being , William Okeden , Allen Skutt , Gentlemen .

Durham . For the County Palatine of Durham , Sir George Fletcher Baronet , Robert Shaftoe , Humphrey Wharton , Thomas Craddock , Christopher Saunderson , John Jeffreyson , Esquires ; Robert Newhouse , Edward Arden Gent.

Essex . For the County of Essex , Sir John Archer , one of the Iustices of the Common Pleas , Philip Saltenston , Thomas Cullum , Esquires ; Timothy Midleton Esq Sir James Russet , Edward Shelton , Francis Mildmay .

Colchester . For the Town of Colchester , Sir Harbotle Grimstone Baronet , Master of the Rolls , John Eldred senior , Iohn Eldred junior , Esquires .

Harwich . For the Town of Harwich and Dover-Court , the Mayor for the time being , Sir Cappel Luckin Knight and Baronet , Iohn Eldred junior Esquire , Mr. George Coleman , Daniel Smith , Captain Hunter , Alderman Sack , Samuel Newton , Alderman Robinson , Alderman Garriot , Alderman Hawks .

Gloucester . For the County of Gloucester , Sir John Treacy , Sir William Juckson , Sir Iohn Newton , Baronets , Sir Francis Fane Knight of the Bath , Sir Iohn Poynts Knight , John Merideth , Iohn Vaughan , Thomas Carpender , William Oldesworth , John Browning , Thomas Veel of Simons Hall , Edward Smith , George Brett , Roger Lingan , Robert Loggin , Esquires ; VVilliam Hancock , Conway Whitton , Thomas Smith , Richard Jones of Hanham , Thomas Wise , Richard Hart Gent.

City of Gloucester . For the City and County of the City of Gloucester , Sir Bainham Throckmorton Knight and Baronet , Mr. Thomas Aram Merchant , Mr. Iohn Marston , Colonel Richard Atkins , William Cook Esquire .

Hereford . For the County of Hereford , James Pitts , Francis Pember of Elsdon , Robert Minors of Treagoe , Edward Scrimshaw , Iohn Bridge of Priors-Court , Esquires ; John Burch of Garnston , Iohn Curver of Upton , Henry Milbourne , William Driver , Gilbert Hare , Gent.

City of Hereford . Bridstock Herford Esquire , Humphrey Diggs , Humphrey Howarth , James Wellington , Gent.

Hertford . For the County of Hertford , Sir Thomas Brograve , Sir Robert Joscelyne , Baronets ; Sir John Witterong Knight and Baronet , Sir Charles Cleaver Knight , Robert Dicer , Iohn Cesar , Ralph Radcliffe , Francis Shalcross , Edward Chester , Thomas Tooke , Esquires ; Richard Taverner , King of Hempstead , Joseph Edmonds , Charles Cesar , George Nodes , George Poyner , Joseph Hatch , Charles Crouch , Thomas James , Iohn Dagnoll , Gentlemen , VVilliam Glascock Esquire .

Saint Albons . For the Burrough of Saint Albans , Joshua Lomax , Edward Crosby , Thomas Rotheram , William Rugg , William Rance , Aldermen , Iohn Dogget .

Huntington . For the County of Huntington , Sir Iames Beverly , Iohn Dryden , Anthony Hammon , Major Dean of Godmanchester .

Kent . For the County of Kent , Sir Thomas Monins , Sir Thomas Peirse , Baronets , Sir Iohn Shaw Knight and Baronet , Sir Nicholas Strode Knight , Edward Master , Elwin VVyat , William VViseman , Esquires ; The Mayor of Maidstone for the time being .

Canterbury . For the City and County of Canterbury , William Kingslys Esquire .

Dover . For the Cinque-Port of Dover , Iames Wyon Esquire , William Stocks Iurat .

Sandwich . For the Cinque-Port of Sandwich , William Freeman Esquire , Iames Thorban junior , Gent.

Lancaster . For the County of Lancaster , The High Sheriff for the time being , Edmond Ashton of Chatterton , Christopher Bainister , Esquires ; Mr. Richard Shuttleworth of Gawthrop junior , Iohn Hartley , Miles Dodding , George Fell , Esquires ; Captain William Fleming , Richard Kenerdine Doctor in Physick .

Leicester . For the County of Leicester , Richard Lister , William Gilbert , George Pochin , Esquires , John Farrington Esquire .

Leicester Town . For the Burrough of Leicester , Daniel Deacon , William Stubins , William Callis , Iohn Cleark Gent.

Lincoln . For the County of Lincoln , Carr Scrope , Richard Newton , Richard Pell , William Darwyn , Redmayn Burral , Thomas Brown , George Lucas , William Basset , Iohn Bishop , Iohn Butlar , William Skipwith , Henry Meller , Thomas Friston , Peregrine Bartu , Esquires ; Augustine Cawdron , Anthony Newlove , William Perkins , Miles Long , Andrew Sloe , John Brown , Francis Johnson of Spaulding , Charles Massingbeard , John Green of Dusby Gent.

For the Bail of Lincoln , Richard Craycroft , Lawrence Stampford Gent.

Middlesex . For the County of Middlesex , William Ashburnham Cofferer of His Majesties Houshold , Sir Nicholas Strode of St. Johns , Mark Cotle , John Hawtry , Edward Palmer , Nicholas Townley junior , Matthew Bluck , William Richardson , Charles Porter , Ralph Piggott , Esquires ; Sir John Dethick , Doctor Cox , Thomas Stringer , John Vincent , VVilliam Thursby , Thomas Robinson , Esquires , Sir Mundeford Bramston Knight , John Jolliff , Lancelot Johnson junior , Esquires .

London . For the City of London , Sir William Bolton Lord Major , Sir John Langham , Sir Iohn Lawrence , Sir Richard Reeves , Sir Robert Hanson , Sir William Hooker , Sir George Waterman , Sir Charles Doe , Matthew Bluck Esquire , Iohn Moore , Henry Partridge , Thomas Blackerby , Aldermen , Sir Robert Viner , Sir Joseph Sheldon , Sheriffs , Edward Arris Esq

Westminster . For the City of Westminster , Sir Thomas Clifford Comptroller of his Majesties Houshold , Sir William Doylie , Sir Oliver Botler , Sir George Downing , Baronets , Sir Robert Carr , Sir James Smith , Thomas Exton Doctor at Law , Lawrence Squibb , William Louing , Iohn Louing , Henry Wynn , Philip Warwick junior , George Bennet , Esquires ; Doctor Troutbeck Esq Henry Aldrich , Gent. Thomas Tyndal , Iohn Chace , Philip Hanbury , VValter Brydal , Bryan Barnby , Iohn Jeffes , David Walter , Iohn Carance , Esquires , Samuel Barrow Doctor in Physick ; Henry Monck , Thomas Owen , Peregrine Bartu , Ambrose Scudamore , Thomas Milward , Esquires , William Carr Esquire , Thomas Cromp , Robert Stockdale , Gentlemen , Henry Slingsby Esquire , Henry Peck junior , Esq , Mr. Richard Pagett , Mr. George Plucknett , Mr. Michael Arnold , Mr. Nicholas Edlyn , Ralph Pygott Esquire , Henry Brunkar Esquire .

Northampton . For the County of Northampton , Edward Palmer , John Parkhurst of Catesby Esquires .

Norfolk . For the County of Norfolk , John Bayspool of Hadcos , William Richardson , Edmund Bell , Francis Bell , Iohn Bashpool , Gascoyn Weld Esquires .

Norwich . For the County and City of Norwich , Iohn Richers , Richard Wenman , Aldermen .

Newcastle upon Tyne . For the Town and County of Newcastle upon Tyne , William Blacket Esquire , Mayor for the time being , Sir Nicholas Cole , Sir James Clavering , Baronets ; Sir Francis Lyddel Knight , Robert Shaftoe Esquire , Recorder , Mark Milbanck , John Emmetson , Henry Maddison Esquires , Aldermen , Richard Stots Esquire ; The Sheriffs for the time being , Robert Marley Esquire .

Nottingham . For the County of Nottingham , Francis Lork Esquire , Mr. Robert Atkinson , both of Newark , Harvy Stanton of Stanton Esquire .

Oxon. For the County of Oxon , Sir Thomas Hampson Baronet , Robert Withers , James Chamberlain , Henry Brunkar , Esquires ; Vincent Barry Esquire .

Salop. For the County of Salop , Henry Davenport Esquire , Edmund Pearce of Wilcot Gent.

Southampton . For the County of Southampton , Sir Charles Wyndham , John Smith Esquire , Sir John Cloberry , William Stephens , Nicholas Dorrel , Esquires ; James Worsley Gent. Carew Reynel Esq Henry Doyley , Thomas Knight , Gentlemen .

For the Town of Portsmouth , Benjamin Johnson and Hugh Salisbury , Gent.

Winton . For the City of Winton , Sir Robert Mason , Nicholas Darel Esquire .

Somerset . For the County of Somerset , Sir John Stowel Knight , James Prowse , Cadwallader Jones , William Strode , Edward Strode , Richard Dauadge , James Stedman , John Baber , Hugh Tynt , Esquires ; Thomas Dyke , Richard Musgrave , Gentlemen .

Bristol . For the City and County of the City of Bristol , Sir Humphrey Hook Knight , Joseph Creswick , Thomas Stephens , Henry Lloyd , Gent.

Bath . For the City Bath , Henry Chapman , John Peirce , Gent.

Stafford . For the County of Stafford , Jonas Grosvenor Esquire .

Suffolk . For the County of Suffolk , Francis Burwell , William Ferneley , Esquires ; Thomas Arris Doctor in Physick , Doctor Bryan Smith , Mr. Edward Spencer , Edward Man , Iohn Cordell Esquire , William Hamon Gent. Thomas Edgar of Ipswich Esquire , Barodel Milleson of Norton Gent. Iohn Duke Esq Ambrose Duke Gent.

Sudbury . For the Town of Sudbury , Nathaniel King , John Cook , Christopher Petit , Thomas King , Aldermen .

Sussex . For the County of Sussex , John Ashburnham , Edward Blaker , Henry Brunkar , Esquires ; George Edmonds , Captain Iohn Eversfeild , Iohn Blackshal Gent. Edward Cooper Esquire ; Iohn Machell , Francis Gratwick , Esquires .

Hastings . For the Cinque-Port of Hastings , Benjamin Polsted , Iohn Hyde Gent.

Rye . For the Cinque-Port of Rye , William Holman , John Martin Gent.

Surry . For the County of Surry , Sir Francis Duncomb Baronet , Sir Cyril Wiche , Sir Thomas Thynn , Sir William Throckmorton junior , Rowland Jucks , Edward Cooper , Will . Chislet , Richard Mountney , Edward Freeman , Esquires ; Stephen Harvy , Henry Houghton , Esquires .

Southwark . For the Burrough of Southwark , Sir Edward Bromfield Baronet , Sir Thomas Clarges Knight , Edmund Clay , Thomas Lenthal , John Child , Esquires ; Richard How , William Sherlock senior , William Adams , Jeremy Baynes , John Appleby , Richard Smith , Gent.

Warwick . For the County of Warwick , John Stratford , Fulwood Skipwith , Henry Pudsey , Esquires .

Westmerland . For the County of Westmerland , Christopher Crakenthrope , Christopher Dalston , Christopher Teasdell , William Dawes , Robert Philipson , William Midleton , Henry Wilson , Robert Braithwait , Richard Ducket , William Guy , Esquires .

Wilts. For the County of Wilts , Sir Robert Howard Knight , Giles Hungerford Esquire ; The Mayor of Marlborough for the time being ; the Mayor of the Devises for the time being ; Thomas Gunter Esquire , Mr. Edmund James , Mr. John Jacob , Mr. Thomas Vilet , Mr. Giles Aleworth , Mr. Charles York , George Johnson Esquire .

Sarum . For the City of New Sarum , Thomas Gunter Esquire ; Alderman Slaune , George Vennard , James Harris , Doctor Hurst .

Worcester . For the County of Worcester , William Washbourne , Robert Staynor , Esquires ; William Dowdeswell Gent.

Worcester City . For the City of Worcester , the Mayor and Aldermen and Sheriffs for the time being ; Sir John Packington Baronet , Sir Rowland Berkley Knight ; Samuel Sandys senior , Thomas Hall , Thomas Street , Esquires ; Samuel Johnsons , Matthew Skinner Doctor of Physick , Robert Wilde , Humphrey Wildey , Richard Bedoes , Edward Cooksey , VVintour Harris , John Bearecroft , Humphrey Tyrer , Thomas Twitty , John Tyas , Gent.

York . For the North-Riding in the County of York , Mr. Geldart of VViggenthorp , Richard Turner of Tunstall , Roger Tockitts , John VVentworth , William Hustler Esquires ; William Dawson Gent. Sir John Hewley , Roger Colvell Gent. Ralph Stephenson , William Palines , Edward Challoner , Esquires ; John Hill of Thormanby Gent.

York East-Riding . For the East-Riding in the County of York , John VVentworth , John Hern , Ralph VVarton , James Moyser , Esquires ; Edward Gray the elder , Edward Gray the younger , Gentlemen .

York West-Riding . For the West-Riding in the County of York , Iohn Stanhope Esquire , Francis Carr Gent. William Ellis , Henry Edmonds , Iohn Hopton , Christopher Drisfeild , Henry Slingsby , Robert Wivell , Robert Brandling , Esquires ; Ralph Banister , John Cook Gent. John Savile of Meathley Esquire .

Kingston upon Hull . For the Town and County of Kingston upon Hull , William Lister Esquire , Lambert Alderman .

Brecon . For the County of Brecon , Sir Walter Williams Baronet , Lehunt Esquire , Daniel Williams of Penpont , William Bowen , and David Gwenn , Gent.

Cardigan . For the Town of Cardigan , The Mayor for the time being , Thomas Parry Esq John Morrice Alderman .

Glamorgan . For the Town of Glamorgan , Sir Edward Stradling Baronet , Iohn VVindham , Edmund Lewis , Richard Seyes of Bouerton , Walter Thomas , Martin Button , Thomas Button , Esquires .

Merioneth . For the County of Merioneth , Captain John Nanney , Lewis Lewis , Iohn Lluid of Ke●venraes , Hugh Nanney of Festiniog , Gent.

Monmouth . For the County of Monmouth , Henry Milborne , Charles Milborne , Bennet Hoskins , Iohn Hoskins , Herbert of Newton , Herbert Jones , Gent.

Pembroke . For the County of Pembroke , Thomas Philips Esquire , High Sheriff for the County of Pembroke , Walter Vaughan , James Haward , Esquires ; Essex Merrick , William Woogan , Esquires ; Thomas Cozen , Gent.

Haverford-West . For the Town and County of Haverford-West , Walter Vaughan Esquire , John Bateman , Robert Prust , Richard Fowler , Gent.

Which said Commissioners , in order to the spéedy execution of this Act , The Commissioners to meet 24. February next . shall in their respective Counties , Cities , Burroughs , Towns and Places méet together at the most usual or common place of méeting within each of the said Counties , Cities , Burroughs , Towns and places respectively , at or before the Fourtéenth day of February next ensuing ; May divide themselves . And the said Commissioners , or so many of them as shall be present at the first general méeting , or the major part of them , may by their consents and agréements , divide as well themselves , as other the Commissioners not then present , for the execution of this Act in Hundreds , Laths , Wapentakes , Rapes , Wards , Towns , and other places within their Limits , Priviledged or not Priviledged , in such manner and form as to them shall séem expedient ; and shall direct their several or joynt Precept or Precepts to such Inhabitants , High-Constables , Petty-Constables , Bayliffs , and other like Officers and Ministers , and such number of them , as they in their discretions shall think most convenient , requiring them to appear before the said Commissioners , at such time and place as they shall appoint , not excéeding Eight days ; And at such their appearances , the said Commissioners , How the Commissioners shall execute their Powers . or so many of them as shall be thereunto appointed , shall openly read , or cause to be read unto them , the Rates in this Act mentioned , and openly declare the effect of their Charge unto them , and how , and in what manner they ought and should make their Certificates , according to the Rates aforesaid : And shall then and there prefix another day to the said persons , to appear before the said Commissioners , and bring in their Certificates of the names and sirnames , qualities , degrées and titles of all and every the persons dwelling or residing within the limits of those places with which they shall be charged , and of the substances and values of every of them , in Money , Debts , Annual Fées , Perquisits , Wages , Profits , Emoluments , and other things chargeable by this Act , without concealment , love , favour , dread or malice , upon pain of forfeiture of any sum not excéeding Five pounds , to be levied as by this Act is appointed ; Collectors to be appointed in every Parish . And shall then also return the names of two or more able and sufficient persons within the limits and bounds of those Parishes or places where they shall be chargeable respectively , as aforesaid , to be Collectors of the Moneys due to His Majesty by this Act : For whose paying in to the Head-Collectors in manner following such moneys as they shall be charged withall , the Parish or place by whom they are so imployed , shall be answerable : Which Certificates and Assessments shall be ascertained and returned in to the Commissioners , at or before the First day of March next ensuing ; and upon the delivery and returning in of such Certificates or Assessments unto the said Commissioners , they , or any two or more of them shall forthwith issue out and deliver their Warrants or Estreats to such Collectors as aforesaid , for the spéedy Collecting and Levying of the said Assessments , and all Moneys and Rates due thereupon , according to the intent and subsequent direction of this present Act. Of all which the said Collectors are hereby required to make demand of the parties themselves , or at the places of their last abode , within six dayes after the receipt of such Warrants , or Estreats ; and to Levy and pay in the same on or before the eighth day of April , One thousand six hundred sixty seven , at such place as the Commissioners shall appoint , unto their respective Head-collectors , who are hereby impowred and required to call upon and hasten their Sub-collectors to the said payment ; and after the said eighth day of April to Levy by Warrant under the Hands and Seals of any two or more of the Commissioners , upon the Sub-collector , by Distress , such sum and sums of Money as ought by him to have béen paid , and is not paid by reason of his failer in doing his duty according to the direction of this Act : so as every Head-collector may , and shall make payment of the full sum by him to be paid , at or before the fiftéenth day of the said Moneth of April , unto the respective Receiver-General ; who is likewise required to call upon , and hasten the said Head-collector .

And be it Enacted that a true Duplicate of the whole sum charged within every Hundred , Lath , Duplicates of the sums charged within every Division . Wapentake , Parish , Ward , or place Rated and Assessed in pursuance of this Act , without naming the persons , shall under the Hands and Seals of two or more of the Commissioners thereunto appointed be returned into His Majesties Exchequer before the Twentieth day of April next ensuing , ( all Appeals being first determined ) And that like Duplicates be also in convenient time made out , and delivered unto the Receivers-general , and Head-collectors according to their respective Collections , so as every of them may be duly charged to answer their respective Collections and Receipts ; and that the money due thereupon be paid into His Majesties Exchequer before the Thirtieth day of the said moneth of April , One thousand six hundred sixty seven ; And upon return of any such Certificate , the said Commissioners or any thrée or more of them , shall and may , if they sée cause , examine the Presenters thereof . And if the said Commissioners , or any thrée or more of them , within their several limits , shall have certain knowledge , or vehemently suspect that any person or persons in the said Certificate mentioned , is or are of a greater Value or Estate then in the said Certificate is mentioned ; In what cases the Commissioners may Examine persons and Encreas their Assesments The said Commissioners , or any thrée or more of them , shall have power to warn such person or persons to appear before them at a day and place prefixed , to be examined touching their Substance and Value , or touching other matters which may any wa● concern the Premises ; And if the person or persons warned to be so examined , shall neglect to appear ( not having a reasonable excuse for such his Default ) every person so making Default , shall pay unto His Majesty double the sum of the Rate he should or ought to have béen set at : And moreover , The said Commissioners , or any thrée or more of them , shall have power by all lawful ways and means without Oath , to examine and enquire into the value and substance of such persons chargeable by this Act ; And to such rate or rates upon every such person or persons , as shall be according to the true intent and meaning of this Act.

Head-collectors to be appointed in the several divisions . And be it Enacted , That the said Commissioners , or any thrée or more of them in their respective Division or Hundreds , shall and are hereby impowred to nominate and appoint under their hands and seals , an honest , able , and responsible person to be Head-collector , unto whom the moneys received by the Sub-collector , shall be duely paid as aforesaid , whose Receipt shall be a sufficient discharge unto every such Sub-collector : which Sub-collector for gathering the said particular sums , shall retain in his hands for every Twenty shillings by him so paid , Two pence as a reward for his pains and service . And the said Head-collector is hereby required upon the receipt thereof , to pay the same to the Receiver-general of each County respectively , in manner aforesaid ; And for his so doing , the said Commissioners are hereby Impowred and required to take such good Security as they shall think fit , Consideration being therein had of the said Collectors Receipt : And the said Receiver-generals Acquittance shall be a sufficient Discharge unto every such Head-collector , who shall retain in his hands for every Twenty shillings by him so paid , One peny as a reward for his pains and service . And the said Receiver-general shall ( before the Thirtieth day of April aforesaid ) pay the whole sum by him received , into His Majesties Exchequer , and shall have an allowance of Two pence in the pound for all moneys which shall be by him paid into the Receipt of the Exchequer by the time prefixed in this Act ; and for so much as shall be by him paid in after the time prefixed , One peny in the pound , and no more .

Allowance for transcribing Warrants and Duplicates . And for the careful writing and transcribing the said Warrants , Estreats , and Duplicates in due time , Be it further Enacted , That the Commissioners Clerks who shall respectively perform the same , shall by Warrant under two or more of the Commissioners hands , have and receive from the respective Head-collectors , Two pence in the pound of all such moneys as he shall have received by vertue of such Warrants and Estreats , who is hereby appointed and allowed to pay the same accordingly .

Payments by the Head-collectors to the Receiver general . And be it further Enacted , That if any Head-collector shall not pay in to the Receiver-general within the time limited by this Act , all sums of money by him received by vertue of this Act , That then the said Commissioners , or any two or more of them being informed thereof , are hereby impowred and required to Imprison every such Head-collector , and also to seise and secure the Estate both real and personal of such Head-collector , or which shall from him descend or come into the hands or possession of his Heirs , Executors or Administrators , wherever the same can be discovered or found : And the said Commissioners who shall so seize and secure the Estate of any Head-collector , shall be , and are hereby impowred to appoint a time for the general méeting of the Commissioners of such County , City or Town , and there to cause publick notice to be given at the place where such méeting shall be appointed , ten days at least before such general méeting : And the Commissioners present at such general méeting , or the major part of them , in case the moneys detained by such Head-collector be not paid or satisfied as ought to be , according to the directions of this Act , shall and are hereby impowred and required to Sell and Dispose of all such Estates , or any part of them , which shall be for the cause aforesaid seized , and thereby to secure and pay all the money in Arrear in such Head-Collectors hand for His Majesties use , and return the overplus , deducting necessary charges to such Head-collector , his Executors and Administrators respectively . ●enalty . And if any person or persons shall refuse to pay the several sum and sums , and proportions appointed by this Act for such person to pay , upon demand made by the Officer or Collector of the place , according to the Precept or Estreats to him delivered by the said Commissioners ; It shall and may be lawful to and for such Officer or Collector , who are hereby thereunto authorized and required , for non-payment thereof to Distrain the person or persons so refusing , by his or their Goods or Chattels , and the Distress so taken , to kéep by the space of four days , at the costs and charges of the Owner thereof : And if the said Owner do not pay the sum of money due by this Act within the said four days , then the said Distress to be Apprized by thrée or two of the Inhabitants where the said Distress is taken , and there to be sold by the said Officer for payment of the said money , and the overplus coming by the said Sale ( if any be ) over and above the charges of taking and kéeping the said Distress , to be immediately restored to the Owner thereof : And if any person or persons assessed by this Act , shall refuse or ●eglect to pay the sum or sums so assessed , by the space of twenty days after demand as aforesaid , where no sufficient distress can or may be found , whereby the same may be Levied ; in every such case , thrée or more of the Commissioners by this Act appointed for any such City , County or Place , are hereby Authorized by Warrant under their Hands and Seals to commit such person or persons to the common Goal , there to be kept without Bail or Mainprize , until payment shall be made . And if any person certified , Assessed or Rated , find him or her self agrieved with such Assessing or Rating , and do within ten dayes after demand thereof made , complain to the Commissioners , The said Commissioners , or any two or more of them , whereof one of the Commissioners who signed or allowed his or her Rate , to be one , shall and may within Fourtéen days next after such Complaint , particularly examine the person so complaining , upon his or her Oath , of his or her personal Estate aforesaid ; And upon due Examination or knowledge thereof , abate , defalk , increase , or inlarge the said Assessment : And the same so abated , increased or inlarged , shall be Estreated by them into the Exchequer in manner aforesaid . And to that end , the said Commissioners are hereby required to méet together for the Determining of such Complaints and Appeals accordingly .

And be it further Enacted , That every person rated for his Office , shall be rated , In what places Persons shall be rated for Offices , or otherwise . and pay for his said Office , in the place where the said Office is executed : And every person to be otherwise rated , shall be rated , and the sum or sums on him or her set and levied , at such places where he or she , and with his or her Family shall be resident at the time of the execution of this Act ; And that all persons not being Housholders , nor having a certain place of above , and all Servants shall be Taxed at the place where they are resident at the time of the execution of this Act , thrée moneths before the execution of this Act.

Provided always , That if any person having several Mansion-houses , or places of Residence , Persons doubly charged , may be discharged upon Certificate . shall be doubly charged by vertue of this Act , That upon Certificate made by two or more of the Commissioners for the County , City or place , ( which Certificate the said Commissioners are required to give without delay , Fée or Reward ) of his or their last personal Resi●ence , under their Hands and Seals , of the sum or sums there charged upon him or them , and in what capacity or respect he or they were so charged , and upon Oath made of such Certificate before the Commissioners to whom such Certificate shall be tendred , which Oath the said Commissioners are hereby authorized to administer ; Then the person and persons so doubly charged , shall ( for so much as shall be so certified ) be discharged in every other County , City or place . And if any person at the time of the Assessing , shall be out of the Realm , such person shall be rated where such person was last abiding within the Realm . Persons changing their dwelling by fraud to avoid the Tax . And if any person that ought to be Taxed , by vertue of this Act , by changing his place of residence , or by fraud or covin shall escape from the Taxation , and not be Taxed , and the same proved before the Commissioners , or two of them , or two Iustices of the Peace of the County where such person dwelleth or is resident , at any time within Six moneths next ensuing after such Tax made ; Every person that shall so escape from the said Taxation and payment , shall be charged , Penalty . upon proof thereof , at the double value of so much as he should or ought to have béen Taxed by the Act : The said double value , upon Certificate thereof made into the Exchequer by the Commissioners or Iustices before whom such proof shall be made , to be Levied of the Goods , Lands and Tenements of such persons , towards the Supply aforesaid .

And be it further Enacted , That the Commissioners which shall be within any County or Place within their respective limits , or the major part of them , Commissioners to taxe one another . shall Tax and Assess every other Commissioner joyned with them , and the Commissioners within their Division shall Assess every Assessor within their Division ; And as well all sums upon every the said Commissioners and Assessors , as the Assessments made and presented by the Presenters as aforesaid , shall be Written , Estreated , Levied and Gathered , as it should and ought to have béen , as if the said Commissioners had not béen named Commissioners .

Provided always , and it is hereby declared , Decr● . That the several Rates and Taxes to which the Lords and Péers of this Realm shall be liable by vertue of this Act , shall be received by a Collector to be nominated by the Péers , which said Collector shall cause the same to be paid into His Majesties Receipt of Exchequer at Westminster upon or before the aforesaid thirtieth day of April .

Provided , That this Act shall not extend to the Inhabitants of Scotland , Ireland , Scotland , Ireland , Jersey , Guernsey . Jersey or Guernsey , for or concerning any such personal Estate as aforesaid , which they or any other to their use have within the places aforesaid .

And be it further Enacted by the Authority aforesaid , That the respective Treasurers of His Majesties Navy and Ordnance are hereby authorized and required to take and retain unto themselves , Allowances to the Treasurers of the Navy . and such as shall be respectively imployed by and under them , One peny in the pound and no more , out of the moneys raised by vertue of this Act , and paid unto , and issued out by them to any person or persons in pursuance thereof , to be allowed unto them in their respective Accompts .

And be it further Enacted , That if any Assessor , Collector , Receiver , or other person appointed by the Commissioners , shall wilfully neglect or refuse to perform his Duty in the due and spéedy Execution of this present Act ; The said respective Commissioners , Assessors , Collectors , or Receivers neglecting their duties . or any thrée or more of them , may and shall by vertue of this Act , impose on such person or persons so refusing or neglecting their Duties , any Fine not excéeding the sum of Twenty pounds for any one offence ; the same to be Levied and Certified as aforesaid into His Majesties Court of Exchequer , Penalty . and charged upon the respective Receiver-general amongst the rest of the Rates aforesaid ; and the said Commissioners or any two or more of them , may or shall from time to time call for , and require an Accompt from the respective Receiver-general of all the Moneys received by him of the said Head-collectors , and of the payment thereof into His Majesties Receipt of Exchequer , according to the direction of this Act : And in case of any failer in the premisses the said Commissioners , or any two or more of them , are hereby required to cause the same to be forthwith levied and paid , according to the true intent and meaning of this Act.

And in case of any controversie arising betwéen the said Commissioners concerning the said Rates or Assessments , the Commissioners that shall be concerned therein shall have no voice , but shall withdraw during the debate of such controversie , until it be determined by the rest of the Commissioners : And all questions and differences that shall arise touching any of the said Rates , Taxes , Assessments , or Levies , shall be heard , and finally determined by two or more of the Commissioners , upon complaint thereof to them made , by any person or persons thereby grieved , without further trouble or Suit in Law . Controversies and questions about the rates how to be determined . And the said Receiver-general shall give Acquittances gratis to the said Head-collectors , for all moneys of them received ; and the said Head-collectors shall also give Acquittances gratis to the Sub-collectors , for all such moneys as shall be paid by them in pursuance of this Act ; which Acquittances shall be a full Discharge to the said Head-collectors and Sub-collectors respectively : Acquittances . And the said Sub-collectors shall make and deliver to the said Head-collectors , a perfect Schedule fairly written in Parchment , under their hands and seals , signed and allowed by any two or more of the respective Commissioners , containing the names , sirnames and places of abode of every person within their respective Collection , that shall make default of payment of any of the sums that shall be Rated or Assessed on such person by vertue of this Act , and the sum and sums charged on every such person ; The same Schedule to be delivered by the Head-collector , to the Receiver-general of that County , City , Town or Liberty respectively , to be by him returned into His Majesties Exchequer ; Whereupon every person so making default of payment , may be charged by Process of the Court , according to the course thereof in that behalf .

None shall be double charged for his Titles or degrees . Provided always , and be it Enacted , That no person shall by vertue of this Act , be doubly charged for or in respect of several Titles , Honours or Degrées ; but that every such person shall be charged and assessed for such Title , Honour or Degrée onely as is Highest Rated by this Act.

Not Letters Patents of Exemption allowable against this Taxe . And be it further Enacted by the Authority aforesaid , That no Letters Patents granted by the Kings Majesty , or any of His Royal Progenitors , or to be granted by His Majesty to any person or persons , Cities , Boroughs or Towns corporate within this Realm , of any manner of Liberties , Priviledges or Exemptions from Subsidies , Toll , Taxes , Assessments or Aids , shall be construed or taken to exempt any person or persons , City , Borough or Town-corporate , or any the Inhabitants of the same , from the burthen and charge of any sum or sums of money granted by this Act , or any other Act of this Parliament now in force , to the Aid and Supply of His Majesty in the present War , And all Non-obstantes in any such Letters Patents made or to be made , in bar of any Act or Acts of Parliament for the supply or assistance of His Majesty , are hereby declared to be void and of none effect ; Non obstante . Any such Letters Patents , Grants or Chatter , or any Clause of Non obstante , or other matter or thing therein contained , or any Law or Statute to the contrary notwithstanding .

No former Receiver not having accompted , may be a receiver upon this Act. Provided always , and be it Enacted by the Authority aforesaid , That if any person being a Receiver of money due upon any former Act of this present Parliament , not having accompted for all the moneys by him received , and to be accompted for upon such Act or Acts , before Michaelmas One thousand six hundred sixty six , shall be appointed Receiver for any the moneys due by this Act , and shall intermeddle therein , every such person shall forfeit the sum of Five hundred pounds , to be recovered by any person or persons that will sue for the same in any of His Majesties Courts of Record , by Action of Debt , Bill , Plaint , or other Information , wherein no Essoyn , Protection , Wager of Law , Aid Prayer , Priviledge , Injunction or Order of Restraint , shall be in any wise prayed , granted or allowed , nor any more then one Imparlance .

Provided always , And be it Enacted , That Thirty thousand pounds , and no more , of the money to be raised by this Act , How Peers shall be rated . may be applyed for the payment of His Majesties Guards .

Provided nevertheless , And be it further Enacted , That all and every the Péers who are to be rated by vertue of this Act , for their Offices and personal Estates , shall be rated by John Lord Roberts Lord Kéeper of the Privy Seal , George Duke of Buckingham , George Duke of Albemarle General of His Majesties Forces by Sea and Land , Edward Earl of Manchester Lord Chamberlain of his Majesties Houshold , Anthony Earl of Kent , Richard Earl of Dorset , John Earl of Bridgewater , James Earl of Northampton , Oliver Earl of Bolingbrook , Thomas Earl Rivers , Arthur Earl of Essex , Arthur Earl of Anglesey , Charles Earl of Carlisle , William Earl of Craven ; Richard Lord Archbishop of York , Humphrey Lord Bishop of London , George Lord Bishop of Winchester , Benjamin Lord Bishop of Lincoln , Seth Lord Bishop of Exeter , Edward Lord Bishop of Carlisle , John Lord Bishop of Rochester , Henry Lord Arlington one of His Majesties Principal Secretaries of State , George Lord Berkley of Berkley-Castle , Philip Lord Wharton , Charles Lord Howard of Charlton , William Lord Grey of Wark , Francis Lord Newport , John Lord Lucas , John Lord Bellasyse , Charles Lord Gerard of Brandon , Charles Lord Cornwallis , and Anthony Lord Ashley , Chancellour and Vnder-treasurer of His Majesties Exchequer , or any five of them , and not otherwise , and shall not be Subject to the Imprisonment of his or their Persons , Any thing in this Act contained to the contrary in any wise notwithstandding .

And to the intent that all Moneys to be lent to Your Majesty , and the Moneys that shall be due upon Contracts for Wares , Ships , Goods , Victuals , or other Necessaries which shall be delivered for this Service , may be well and sufficiently secured out of the Moneys arising and payable by this Act.

Be it further Enacted by the Authority aforesaid , How moneys sent o●●ares advanced upon this Act may be secu●ed . That there shall be provided and kept in Your Majesties Exchequer ( to wit ) in the Office of the Auditor of the Receipt , One Book or Register , in which all Moneys that shall be paid into the Exchequer shall be Entred and Registred apart and distinct from all other Moneys paid or payable to Your Majesty , or to Your Heirs or Successors , upon any other Branch of Your Revenue , or upon other Accompt whatsoever . And that there be one other Book or Registry provided and kept in the said Office , of all Orders and Warrants to be made by the Lord Treasurer , and Vnder-Treasurer or by the Commissioners of the Treasury for the time being , for payment of all and every sum and sums of Moneys to all persons for Moneys lent , Wares , Goods or Victuals , or other Necessaries bought or Ships hired , or other payments directed by Your Majesty , relating to the service of this War . And that no Moneys leviable by this Act , be issued out of the Exchequer during this War , but by such Order or Warrant mentioning , That the Moneys payable by such Order or Warrant , are for the service of Your Majesty in the said War respectively . That also there be the like Book or Registry provided and kept by the said Auditor , of all Moneys paid out , or issued by vertue of such Orders and Warrants .

And that it shall be lawful for any person or persons , willing to lend any Money , or to furnish any Wares , Victuals , Ships , Goods , or other Necessaries on the Credit of this Act , at the usual times when the Exchequer is open , to have access unto , and review and peruse all or any of the said Books for their Information of the State of those Moneys , and all Engagements upon them , for their better encouragement to lend any Moneys , or furnish any Goods , Wares , Victuals , Ships , or other Necessaries as aforesaid . And that the Auditor of the Receipt , his Deputies and Clerks shall be assistant to such persons for their better and spéedier satisfaction in that behalf . And that all and every person and persons who shall lend any Moneys to Your Majesty , and pay the same into the Receipt of the Exchequer , shall immediately have a Tally of Loan struck for the same , and an Order for his Repayment , bearing the same Date with his Tally ; in which Order shall be also contained a Warrant for payment of Interest for forbearance after the Rate of Sir per Cent. per annum , for his consideration , to be paid every thrée Moneths , until the repayment of his Principal . And that all person and persons who shall furnish Your Majesty , Your Officers of the Navy , or Ordnance , with any Wares , Goods , Ships , Victuals , or any other Necessaries for the Service aforesaid , shall upon Certificate of the Commissioners and Officers of the Navy , or of the Master or Commissioners and Officers of the Ordinance , or some of them , without delay forthwith have made out to them Warrants or Orders for the payment of the Moneys due or payable unto them ; which Certificates the said Officers of Your Navy , Commissioners , and Officers of the Ordnance shall make without Fée , Charge or Delay : And that all Orders for Repayment of Money lent , shall be Registred in course according to the Date of the Tallies respectively . And that all Orders signed by the Lord Treasurer , and Vnder-Treasurer of the Exchequer , for payment of Moneys for Goods , Wares , Victuals , and other Necessaries furnished to Your Majesty , Your Officers , Master , or Commissioners as aforesaid , shall be Registred in course according to the time of bringing to the Office of the Auditor of Receipt the Certificates above mentioned . And that all Orders so Signed for payments directed by His Majesty , shall be entred in course according to their respective Dates , and none of the sorts of Orders above mentioned either for Loans of Money , Supplies of Wares , Goods , Victuals , or other necessaries , or by special direction , shall have preference one before another , but shall all be Entred in their course , according to the dates of the Tallies , the times of bringing their Certificates , and the dates of the Orders for Payments directed by His Majesty , as they are in point of time respectively before each other : And that all and every person and persons shall be paid in course , according as their Orders shall stand Entred in the said Register-Book , Be it Orders for Payments directed by His Majesty , or of Moneys lent , or for Wares , Commodities , Ships , Victuals , or other necessaries furnished as aforesaid ; so as that the person , Native or Foreigner , his Executors , Administrators and Assigns , who shal have his Warrant or Order , Warrants or Orders first entred in the said Book of Registry , shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act ; And he or they that shall have his or their Warrants or Orders , Warrant or Order next entred , shall be taken and accounted the second person to be paid , and so successively and in course . And that the moneys to come in by this Act , shall be in the same order liable to the satisfaction of the said respective parties , their Executors , Administrators or Assigns successively , without preference of one before another , and not otherwise ; and not be divertible to any other use , intent or purpose whatsoever . And that no Fée , Reward or Gratuity , directly or indirectly , be demanded or taken of any Your Majesties Subjects , for providing or making of any such Books , Registers , Entries , View , Search or Certificate , in or for payment of money lent , or the Interest thereof , or for payment of any money upon any Order , upon any Contract for Wares and Goods furnished to the use of Your Majesties Navy and Ordnance as aforesaid , by any of Your Majesties Officer or Officers , their Clerks or Deputies , on pain of payment of treble damages to the party grieved , by the party offending , with Costs of Suit ; And if the Officer himself take or demand any such Fée or reward , then to lose his place also . And if any undue preference of one before another shall be made , either in point of Registring , contrary to the true meaning of this Act , by any such Officer or Officers , then the party offending shall be liable , by Action of Debt , or on the Case , to pay the value of the Debt , Damages and Costs to the party grieved , and shall be forejudged from his Place or Office : And if such preference be unduly made by any his Deputy or Clerk , without direction or privity of His Master , then such Deputy or Clerk onely shall be liable to such Action , Debt , Damages and Costs , and shall be for ever after uncapable of his Place or Office ; And in case the Auditor shall not direct the Order , or the Clerk of the Pells Record , or the Teller make payment according to each persons due place and order , as afore directed , then he or they shall be judged to forfeit ; and their respective Deputies and Clerks herein offending , to be liable to such Action , Debt , Damages and Costs , in such manner as aforesaid .

All which said Penalties , Forfeitures , Damages and Costs to be incurred by any of the Officers of the Exchequer , Navy or Ordnance , or any their Deputies or Clerks , shall and may be recovered by Action of Debt , Bill , Plaint or Information , in any of His Majesties Courts of Record at Westminster , wherein no Essoyn , Protection , Priviledge , Wager of Law , Injunction , or Order of restraint , shall be in any wise granted or allowed .

Entries of Tallies or Certificates dated the same day . Provided always , and be it hereby Declared , That if it happen that several Tallies of Loan , or Certificates for Wares delivered , or Orders for Payments directed by Your Majesty as aforesaid , bear date , or be brought the same day to the Auditor of the Receipt to be Registered , then it shall be interpreted no undue preference which of these he enters first , so he enters them all the same day .

Provided also , That it shal not be interpreted any undue preference , to incur any penalty in point of payment , If the Auditors direct , and the Clerk of the Pells record , and the Teller do pay subsequent Orders of persons that come and demand their money , and bring their Orders , before other persons that did not come to demand their money , and bring their Order in their course , so as there be so much money reserved as will satisfie their Orders , which shall not be otherwise disposed , but kept for them , Interest upon Loan being to cease from the time the money is so reserved and kept in bank for them .

Rights and titles to money sent upon this Act may be Assigned over . And be it further Enacted by the Authority aforesaid , That every person or persons to whom any moneys shall be due by vertue of this Act , after Warrant or Order entred in the Book of Register aforesaid for payment thereof , his Executors , Administrators or Assigns , by Indorsement of his Order or Warrant , may assign and transfer his Right , Title , Interest and Benefit of such Warrant or Order , or any part thereof to any other ; which being notified in the Office of the Auditor of the Receipt aforesaid , and an entry and memorial thereof also made in the Book of Registry aforesaid , for Warrants ( which the Officers shall on request , without Fée or charge , accordingly make ) shall intitle such Assignée , his Executors , Administrators and Assigns , to the benefit thereof , and payment thereon : And such Assignée may in like manner Assign again , and so Toties quoties ; and afterwards it shall not be in the power of such person or persons who have made such Assignments , to make void , release or discharge the same , or any the moneys thereby due , or any part thereof .

Persons sued for executing this Act may plead the general issue . And be it further Enacted by the Authority aforesaid , That if any Action , Plaint , Suit or Information shall be commenced or prosecuted against any person or persons for what he or they shall do in pursuance or in execution of this Act ; such person or persons so sued in any Court whatsoever , shall or may plead the general Issue , Not guilty ; and upon any Issue joyned , may give this Act , and the special matter in Evidence ; And if the Plaintiff or Prosecutor shall become Nonsuit or forbear further prosecution , or suffer Discontinuance , or if a Verdict pass against him , the Defendant and Defendants shall recover their treble Costs ; for which they shall have the like remedy as in any Case where Costs by the Law are given to Defendants .

CAP. II.

Cattel may not be imported from Ireland and other parts beyond the Seas ; nor Fish taken by Foreigners .

WHereas by an Act of this present Parliament , entituled , An Act for the Encouragement of Trade , amongst other things , some Provision was made for the preventing of coming in of vast Numbers of Cattel , 1● Car. 2. cap. 5. Stat. 3. whereby the Rents and Values of the Land of this Kingdome were much fallen , and like dayly to fall more , to the great Prejudice , Detriment and Impoverishment of this Kingdom ; which nevertheless hath by experience béen found to be ineffectual ; and the continuance of any Importation , either of the Lean or Fat Cattel , dead or alive , herein after specified , not onely Vnnecessary , but very Destructive to the welfare of this Kingdome : Be it therefore Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament Assembled , That such Importation from and after the second day of February , Importation of Cattel a common Nusance . in this present year One thousand six hundred sixty and six , is a publick and common Nusance , and shall be so adjudged , déemed and taken to be to all intents and purposes whatsoever . And that if any great Cattel , Shéep or Swine , or any Béef , Pork or Bacon ( except for the necessary Provision of the respective Ships or Vessels in which the same shall be brought , not exposing the same , or any part thereof to Sale ) shall from and after the said second day of February , by any wise whatsoever , be Imported or brought from beyond Seas into this Kingdom of England , Dominion of Wales , or Town of Berwick upon Tweed ; That then it shall and may be lawful for any Constable , The Penalty . Tything-man , Headborough , Church-wardens or Overséers of the Poor , or any of them , within their respective Liberties , Parishes or Places , to take and seize the same , and kéep the same during the space of Eight and fourty hours , in some publick or convenient place where such Seizure shall be made ; within which time , if the Owner or Owners , or any for them or him , shall make it appear unto some Iustice of the Peace of the same County where the same shall be so seized , by the Oath of two credible Witnesses , which Oath the said Iustice of Peace is hereby impowred and required to administer , That the same were not Imported from Ireland , or from any other place beyond the Seas , not herein after Excepted , after the said second day of February ; Then the same upon the Warrant of such Iustice of Peace , shall be delivered without delay ; But in default of such Proof and Warrant , then the same to be forfeited ; One half thereof to be disposed to the use of the Poor of the Parish where the same shall be so found or seized ; the other half to be to his or their own use that shall so seize the same .

And for the better encouragement of the Fishery of this Kingdom , Be it further Enacted by the Authority aforesaid , That if any Ling , Herring , Cod or Pilchard , fresh or salted , Encouragement of Fishery . dryed or bloated , or any Salmons , Eels or Congers taken by any Foreigners , Aliens to this Kingdom , shall be Imported , uttered , sold , or exposed to sale in this Kingdom ; That then it shall and may be lawful for any person or persons to take and seize the same ; The one half thereof to be disposed of to the use of the Poor of the Parish where the same shall be so found or seized ; the other half to his or their own use , which shall so seize the same .

Provided always , That nothing in this Act shall be construed to hinder the Importation of Cattel from the Isle of Man in this Kingdom of England , Isle of Man . so as the number of the said Cattel do not excéed Six hundred Head yearly ; And that they be not of any other Bréed then of the Bréed of the Isle of Man ; And that they be landed at the Port of Chester , or some of the Members thereof , and not elsewhere . This Act to continue until the end of Seven years , and from thence to the end of the First Session of the next Parliament .

CAP. III.

A former Act for preventing of Theft and Rapine upon the Northern Borders of England , Continued .

WHereas an Act was made in the Fourtéenth year of the Reign of our Soveraign Lord the King that now is , entituled , 14 Car. 2. cap. 22. An Act for preventing of Theft and Rapine upon the Northern Borders of England ; which Act is very near expiring , and hath béen found very necessary for the preservation of those places from that great number of Lewd , Disorderly , and Lawless persons , that usually frequented thereabouts : Be it therefore Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament Assembled , That the said Act , and every Clause and Clauses therein contained , and all and every the Powers and Authorities thereby given , be , continue , and remain in force until the end of Seven years from the expiration or determination of the fore-mentioned Act.

And be it further Enacted by the Authority aforesaid , That the benefit of Clergy shall be taken away from great , known and notorious Thieves and Spoil-takers in the said Counties of Northumberland , Cumberland , or either of them , during the continuance of this present Act , Clergy taken away from notorious Theives in Northumberland , Cumberland . who shall be duly Convicted for Theft done or committed within the said Counties , or either of them ; Or otherwise , That it shall and may be lawful to and for the Iustices of the Assize , and Commissioners of Oyer and Terminer , or Gaol-delivery , before whom such Offenders shall be Convicted within the said Counties , or either of them , to Transport , or cause to be Transported the said Offenders , and every of them , into any of His Majesties Dominions in America , there to remain , and not to return ; Any former Law , Statute or Vsage to the contrary in any wise notwithstanding .

CAP. IV.

For Burying in Woollen onely .

FOr the Encouragement of the Woollen Manufactures of this Kingdom , and prevention of the Exportation of the Moneys thereof , for the Buying and Importing of Linnen ; Woollen Manufactures encouraged . Be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament Assembled , and by the Authority thereof , That from and after the Five and twentieth day of March , in the year of our Lord One thousand six hundred sixty seven , No person or persons whatsoever shall be buried in any Shirt , None shall be buried but in Woollen . Shift , or Shéet made of , or mingled with Flax , Hemp , Silk , Hair , Gold or Silver , or other then what shall be made of Wooll onely , or be put into any Coffin lined or faced with any thing made of , or mingled with Flax , Hemp , Silk or Hair ; upon pain of the forfeiture of the sum of Five pounds , Penalty . to be imployed to the use of the poor of the Parish where such person shall be buried , for and towards the providing a Stock or Work-house for the setting them at work , to be levied by the Churchwardens and Overséers of the Poor of such Parish , or one of them , by Warrant from any Iustice of the Peace , or Mayor , Alderman , or Head-officer of such City , Town or place Corporate , respectively within their several Limits , by Distress and Sale of the Goods of the party Interred contrary to this Act , rendring the overplus ; or in default thereof , by Distress and Sale of the Goods of any that had a hand in the putting such person into such Shift , Shirt , Shéet or Coffin , contrary to this Act , or did order or dispose the doing thereof , to be levied and imployed as abovesaid .

Proviso for persons dying of the Plague . Provided , That no penalty appointed by this Act , shall be incurred for , or by the reason of any person that shall die of the Plague , though such person be buried in Linnen .

CAP. V.

For Encouraging for Coynage .

WHereas it is obvious , That the plenty of Current Coyns of Gold and Silver of this Kingdom , is of great advantage to Trade and Commerce ; For the Increase whereof , Your Majesty in Your Princely Wisdom and Care , hath béen graciously pleased to bear out of Your Revenue , half the Charge of the Coynage of Silver-money : For the preventing of which Charge to Your Majesty , Encouragement for bringing Gold and Silver into the Realm . and the Encouragement of the bringing of Gold and Silver into the Realm , to be converted into the Current Money of this Your Majesties Kingdom , We Your Majesties Dutiful and Loyal Subjects , do Give and Grant unto Your Majesty , the Rates , Duties or Impositions following ; And do beséech Your Majesty that it may be Enacted ; And be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of the same , That whatsoever person or persons , Native or Foreigner , Alien or Stranger , Silver or Gold brought in to be Coyned . shall from and after the Twentieth day of December One thousand six hundred sixty and six , bring any Foreign Coyn , Plate or Bullion of Gold or Silver , in Mass , Molten , or Allayed , or any sort of Manufacture of Gold or Silver into His Majesties Mint or Mints within the Kingdom of England , to be there Melted down and Coyned into the current Coyns of this Kingdom , shall have the same there Assayed , Melted down and Coyned with all convenient spéed , without any Defalcation , Diminution or Charge for the Assaying , Coynage , or Wast in Coynage : So as that for every pound Troy of Crown or Standard-Gold that shall be brought in and delivered by him or them to be Assayed , Melted down , and Coyned as aforesaid , there shall be delivered out to him or them respectively , a pound Troy of the current Coyns of this Kingdom , of Crown or Standard-Gold ; And for every pound Troy of Sterling , or Standard-Silver that shall be brought in and delivered by him or them to be Assayed , Melted down and Coyned as aforesaid , there shall be delivered out to him or them respectively a pound Troy of the current Coyns of this Kingdom , of Sterling , or Standard-Silver , and so proportionably for a greater or lesser weight ; And for every pound Troy of Gold or Silver that shall be brought in , and delivered to be Assayed , Melted down , and Coyned as aforesaid , that shall be finer upon Assay then Crown-Gold , or Standard-Silver , there shall be delivered for the same so much more then a pound Troy , as the same doth in proportion amount unto in ●●neness and value ; And for every pound Troy of Gold or Silver that shall be brought in , and delivered to be Assayed , Melted down , and Coyned as aforesaid , that shall be courser or baser upon Assay , or worse in value then Crown-Gold , or Standard-Silver , there shall be delivered for the same so much less then a pound Troy , as the same doth fall short in fineness or value , and so for a greater or lesser quantity .

And it is hereby further Enacted by the Authority aforesaid , That there shall be no preference in point of Assaying or Coynage ; There shall be no under preference but money Coyned shall be delivered out in order . but that all Gold and Silver brought in , and delivered into the Mint , to be Assayed and Coyned , shall be Assayed , Coyned , and delivered out to the respective Importers , according to the order and times of bringing in and delivering the same into the Mint or Mints , and not otherwise : So as he that shall first bring in , and deliver any Gold or Silver to be Coyned , shall be taken and accounted the first person to have the same Assayed , Coyned , and Delivered ; And he or they that shall bring in and deliver any Gold or Siver next , to be accounted the second person to have the same Assayed , Coyned , and Delivered ; and so successively in course . And that the Gold and Silver brought in and Coyned as aforesaid , shall be in the same order delivered to the respective bringers in thereof , their Executors , Administrators or Assigns successively without preference of one before the other , and not otherwise : And if any undue preference be made in Entring of any Gold or Silver , or delivering out of any money Coyned , contrary to the true intent and meaning of this Act , by any Officer or Officers of the Mint or Mints ; Penalty . then the party or parties offending , shall be liable by Action of Debt , or in the Case , to pay the value of the Gold or Silver brought in , and not Entred and Delivered according to the true intent , and meaning and direction of this Act as aforesaid , with Damages and Costs to the party or parties grieved , and shall be fore-judged from his or their Place or Office : And if such preference be unduly made by any of his or their Deputy or Deputies , Clerk or Clerks , without direction or privity of his or their Master or Masters , then such Deputy or Deputies , Clerk or Clerks onely shall be liable to such Action , Damage and Costs as aforesaid , and be for ever after uncapable of serving or bearing Office in any Mint in the Kingdom of England .

Provided always , That it shall not be interpreted any undue preference to incur any penalty in point of Delivery of moneys Coyned , if the Officer or Officers , What shall not be an undue preference . or their Deputies or Clerks shall deliver out or pay any moneys Coyned , to any person or persons that do come and demand the same upon subsequent Entries , before others that did not come to demand their moneys in their order and course , so as there be so much money reserved as will satisfie them , which shall not be otherwise disposed of , but kept for them .

And for the more orderly and clear performance thereof , Be it Enacted , And it is hereby Enacted by the Authority aforesaid , That the Master-worker of His Majesties Mint or Mints for the time being , shall at the time of the Delivery and Entry of any Gold or Silver in the said Mint or Mints , give unto the bringer or bringers in thereof to be Coyned , a Bill under his hand , denoting the Weight , Fineness and Value thereof , together with the Day and Order of its Delivery into the said Mint or Mints .

And for the further Encouragement and Assurance of such as shall bring any Gold or Silver into his Majesties said Mint or Mints to be Coyned ; Be it Enacted , There shall be no seisure , or forfeiture , &c. of any Gold or Silver brought in to be coyned . And it is hereby Enacted by the Authority aforesaid , That no Confiscation , Forfeiture , Seizure , Attachment , Stop or Restraint whatsoever shall be made in the said Mint or Mints , of any Gold or Silver brought in to be Coyned , for or by reason of any Imbargo , breach of the Peace , Letters of Mart or Reprisal , or War with any Foreign Nation , or upon any other accompt or pretence whatsoever ; But that all Gold and Silver brought into any of his Majesties Mint or Mints within the Kingdom of England to be Coyned , shall truly , and with all convenient spéed be Coyned and delivered out to the respective bringer or bringers in thereof , their Executors , Administrators or Assigns , according to the Rules and Directions of this Act.

And whereas it cannot be reasonably expected , that the Expence , Waste , and Charge in Assaying , Melting down and Coynage be born by Your Majesty , And for the further encouragement of Coynage , Be it Enacted , And it is hereby Enacted by the Authority aforesaid , An Imposition set upon Wines , Vinegar , Sider , or Beer Imported . That for every Tun of Wines , Vineger , Sider , or Béer that shall be Imported or brought into the Port of London , or into any other Port , Créek or place within the Kingdom of England , Dominion of Wales , or Town of Berwick upon Tweed , from any parts beyond the Seas , or Scotland , from and after the Twentieth day of December , in the year of our Lord One thousand six hundred sixty and six , there shall be Levied , Collected and paid the sum of Ten shillings ; And for every Tun of Brandy-wines , or Strong-waters that shall be imported as abovesaid , the sum of Twenty shillings , Brandy-wine . Strong-water . and so proportionably for a greater or lesser quantity , to be Levied , Collected and paid at the respective Custom-Houses to the Collectors and other Officers of the Customs for the time being , at the Importation of the said Commodities , over and above all other Duties charged , leviable and payable upon the said Commodities , and to be by them distinguished and kept apart from all other moneys by them Collected and Levied upon the same Commodities , or upon any other Commodities or Merchandizes whatsoever , and to be by the said Collector or Collectors respectively so answered and paid Quarterly into the Receipt of the Exchequer of Your Majesty , Your Heirs and Successors , there also to be kept distinct and apart from all other moneys arising by the Customs , or by any other way or Revenue whatsoever ; which said Duty they are hereby injoyned to receive and pay according to the several Directions of this Act , without any Salary or Fée .

And be it further Enacted and Declared by the Authority aforesaid , That all manner of Wines , Vinegar , Sider , Béer , Brandy-wines , and Strong-waters Imported as aforesaid , shall pay their several and respective Duties imposed by this Act ; And upon non-payment thereof , shall be liable to such , and the same pains , penalties and forfeitures , as in and by the late Acts for Tunnage and Poundage , and for Frauds , are Enacted and appointed , upon non-payment of the Duties by the said Acts imposed upon Goods and Merchandises of the same nature with those mentioned in this Act.

Provided always , and it is hereby Enacted , That for what of the aforesaid Commodities shall be Transported into any parts beyond the Seas , within the term and space of one year after the Importation thereof , That the Duty paid by this Act for the same , shall be repaid by the respective Collectors of the Customs for the time being .

And it is hereby further Enacted , That no moneys leviable and payable by this Act , shall be applied or converted to any use or uses whatsoever , Moneys leviable upon this Act shall be imployed onely to the use of the Mint . other then to the defraying the charge or expence of the Mint or Mints , and of the Assaying , Melting down , Waste and Coynage of Gold and Silver , and the encouragement of the bringing in of Gold and Silver into the said Mint or Mints , there to be Coyned into the current Coyns of this Kingdom ; Nor shall any of the said Moneys be issued out of the Exchequer , but by Order or Warrant of the Lord Treasurer and Vnder-Treasurer , or Commissioners of the Treasury for the time being , to the Master and Worker , or Masters and Workers of Your Majesties Mint or Mints for the time being , and mentioning , That they are for the use and service aforesaid , to be kept in His Majesties Office of Receipt in the said Mint or Mints , under the usual Keys of the Warden , Master and Worker , and Comptroller for the time being , and issued out thence from time to time , according to the manner and course of the said Mint or Mints respectively .

And it is hereby further Enacted , That there shall not be issued out of the Exchequer of the said moneys , in any one year , for the Fées and Salaries of the Officers of the Mint or Mints , and towards the providing , maintaining and repairing of the Houses , Offices and Buildings , and other necessaries for Assaying , Melting down , and Coyning , above the sum of Thrée thousand pounds Sterling money ; And the overplus of the said moneys so kept , or to be kept as aforesaid , shall be imployed for and towards the expence , waste and charge of assaying , melting down and Coynage , and buying in of Gold and Silver to Coyn , The continuance of this Act. and not otherwise .

And lastly , Be it Enacted , And it is hereby Enacted by the Authority aforesaid , That this Act shall continue and be in force until the Twentieth day of December , which shall be in the year of our Lord , One thousand six hundred seventy one , and until the end of the first Session of Parliament then next following , Proviso . and no longer .

Provided always , and be it further Enacted , That where His Majesty in and by his Letters Patents under his Great Seal , dated at Westminster the Twentieth day of August , in the Twelfth year of his Reign , Dame Barbara Villiers . did for divers good causes and considerations Him moving , give and grant to Dame Barbara Villiers Widow , the sum of Two pence by tale out of every pound weight Troy of Silver moneys which from thenceforth should be Coyned by vertue of any Warrant or Indenture made and to be made by His Majesty , his Heirs and Successors , To have , hold , receive , perceive and take the same unto the said Dame Barbara Villiers , her Executors , Administrators and Assigns , from the Ninth day of the then instant August wéekly , as the said moneys should be Coyned , for and during the term of One and twenty years , as by the same doth appear : That His Majesty may out of the moneys leviable by this Act , appoint and cause reasonable satisfaction to be made yearly to the said Dame Barbara Villiers , her Executors and Administrators , for her Interest in the Premisses , not excéeding the sum of Six hundred pounds in any one year .

Anno Regni CAROLI II. Regis Angliae , Scotiae , Franciae , & Hiberniae , Decimo Nono .

AT the Parliament begun at Westminster the Eighth day of May , Anno Dom. 1661. In the Thirteenth Year of the Reign of our most Gracious Soveraign Lord CHARLES , by the Grace of God , of England , Scotland , France and Ireland King , Defender of the Faith , &c. And there continued by several Prorogations , to the 18th day of September , 1666. And then continued to the 8th of February following . And thence Prorogued to the 10th of October , 1667. were Enacted as followeth .

CAP. I.

An Act Explanatory of the Act for Raising Moneys by a Poll , and otherwise , towards the Maintenance of this present War .

18 Car. 2. cap. 1. WHereas by an Act of this present Session of Parliament , Intituled , An Act for Raising Moneys by a Poll , and otherwise , towards the Maintenance of this present War ; It is Enacted , That all and every person and persons shall pay unto His Majesty the sum of Twelve pence over and above the other Rates charged upon them by the said Act : To prevent all doubts that may arise in the execution thereof , Be it Enacted and Declared by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament Assembled , and by the Authority of the same , That the said sum of Twelve pence shall be charged upon , and be paid by every person , of what age , sex , or condition soever , within the Kingdom of England , Dominion of Wales , and Town of Berwick upon Tweed , other then such persons who receive Alms from the Parish , and the Children of any person remaining in his or her family , who by reason of their poverty doth not contribute unto the Rates for Church and Poor , and which are under the age of sixtéen years , and are therefore exempted by the said Act. And be it further Enacted , That the respective Parents , Guardians and Tutors of every person under the age of One and twenty years , shall upon default of payment by such person , and upon demand , pay Twelve pence for every such person residing in their family , or under their Tuition , and not exempted as aforesaid . And be it Enacted , That every person and persons charged or appointed to make any payment by vertue of this present Act , shall be compellable by the Commissioners appointed by the before recited Act , or any two or more of them , to pay the same , according unto the Rules and Methods , and under the Penalties for paying the Rates expressed in the said recited Act. And be it further Enacted and Declared , That every person or persons charged by the said recited Act for his or their Profession , Office , or in respect of any other capacity chargeable by this , or the aforesaid Act , who shall find him or themselves overcharged , shall and may upon his or their Appeal before the Commissioners in the said Act mentioned , or any two or more of them , upon his or their several Oaths , discharge him or themselves in such manner and form , as persons over-rated for their personal Estates are by the said Act enabled . And be it Enacted , That all persons not being Housholders , nor having a certain place of abode , and all Servants shall be taxed at the places where they shall be resident at the time of the execution of the said Act , and not otherwhere .

CAP. II.

A Judicature erected for Determination of Differences touching Houses Burned or Demolished by reason of the late Fire which happened in London .

WHereas the greatest part of the Houses in the City of London , and some in the Suburbs thereof , have béen burnt by the dreadful and dismal Fire which happened in September last ; Many of the Tenants , Vnder-tenants , or late Occupiers whereof are liable unto Suits and Actions to compel them to repair and rebuild the same , and to pay their Rents , as if the same had not béen burned , and are not relieveable therein in any ordinary course of Law , and great Differences are like to arise concerning the said Repairs and new Building of the said Houses , and payment of Rents ; which if they should not be determined with all spéed , and without charge , would much obstruct the rebuilding of the said City .

And for that it is just , that every one concerned should bear a proportionable share of the loss , according to their several Interests , wherein in respect of the multitude of cases , varying in their circumstances , no certain general rule can be prescribed ; Be it therefore Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and of the Commons in this present Parliament Assembled , and by the Authority of the same , That the Iustices of the Courts of Kings Bench and Common Pleas , Iustices appointed to hear and determine differences between Landlords and Tenants , &c. and the Barons of the Coife of the Exchequer for the time being , or any thrée or more of them , sitting , at the same time and place , and not otherwise , shall be , and are hereby Authorized from time to time to hear and to determine all Differences and Demands whatsoever , which have arisen , or may any wise arise betwéen Landlords , Proprietors , Tenants , Lessées , Vnder-tenants , or late Occupiers of any the said Houses or Buildings , with their appurtenances , or the Courts or Yards , Grounds and Wharfs , or any person or persons having or claiming any Estate , Right , Title , Interest in Law or Equity or Trust , Charge , or Incumbrance of or in the same , or their or any of their Heirs , Executors , Administrators , Successors or Assigns , or any other persons , for , touching or concerning the Repairing , Building or Rebuilding of the said Houses or Buildings , Yards , Courts , Grounds and Wharfs , or any other Grounds lying within that part of the City and Suburbs thereof lately burnt , pulled down , or otherwise demolished , defaced , or otherwise ruined by reason of the said Fire ; or for or concerning the payment , defalcation , apportioning , or abatement of any Rent or Rents , other then Arrears of Rent onely due before the First day of September , One thousand six hundred sixty and six ; or for or touching any Covenant , Condition or penalty relating thereunto ; or for , touching , or concerning the prefixing or limiting of any time for such Repairs or new Building , Rebuilding , or any Rate or Contribution to be born or paid thereunto by any person or persons , Bodies Politick or Corporate interessed in the premisses , and all Incidents relating thereunto . And that they , or any thrée or more of them , from time to time , with , or without any Adjournment , summarily , and sine forma & figura Judicii , and without the formalities of procéedings in Courts of Law or Equity , shall and may , upon the Verdict or Inquisition of Iurors , testimony of witnesses upon Oath , Examination of parties interessed , or by all or any of the said ways , or otherwise , according to their Discretions , procéed to the hearing and determining of the Demands or Differences betwéen the said parties concerning the premisses ; and that the definitive Order of the said Iustices and Barons , or any thrée or more of them as aforesaid , shall be final as betwéen the said parties , their Heirs , Executors , Administrators , Successors and Assigns , and all claiming by , from or under them , as touching the matters contained in such Orders ; from which there shall be no Appeal or Review , otherwise then as is hereafter mentioned ; Nor shall any Writ of Error or Certiorari lye for the removal or reversal of the same .

And be it further Enacted by the Authority aforesaid , That the said Iustices and Barons , The Powers of the said Iustices . or any thrée or more of them as aforesaid , shall have Authority , and are hereby Impowred , where they shall think it convenient , to Order the Surrendring , Increasing , Abridging , Ceasing , Determining or Charging of any Estates in the Premisses ; or to order new or longer Leases , or Estates , not excéeding Forty years , to be made of any of the premisses by the Proprietors or Owners thereof , or other persons interessed therein , to any Tenant or Sub-Tenant , or late Occupiers of the same , their Executors , Administrators , Successors or Assigns , at such Rents and Fines , or without any Rent or Fine , as they shall think fit , unless in such Cases where the Laws of this Realm do forbid the Diminishing of ancient and accustomable Rents . All which Orders , according to the Tenors thereof , shall be obeyed by all persons concerned therein respectively , and shall conclude and bind them , their Heirs , Successors , Executors , Administrators and Assigns respectively , notwithstanding any Disability in respect of Coverture , Infancy , Non-sanity of Memory , Estate Tail , or in Right of the Church , or otherwise : And that Infants , Femes Covert , Ideots , persons of Non-sane Memory , or beyond the Seas , Tenants in Tail , Bishops , Deans and Chapters , and other Ecclesiastical persons , and their Successors , Corporations , and all other person or persons , Bodies Natural and Politick , their Heirs and Successors , and their respective Interests , shall be bound and concluded by such respective Order or Orders , according to the Tenor or Purport thereof ; Any Law , Statute or Custom , or other matter or thing to the contrary notwithstanding .

And for the better Enabling the said Iustices and Barons to procéed with effect in the said Causes , How to proceed upon Complaints . Be it also Enacted by the Authority aforesaid , That the said Iustices and Barons , or any thrée or more of them as aforesaid , upon the complaint or request of any person or persons concerned in any of the said Houses or Buildings , and other the premisses , shall issue out Notes or Warrants under their hands , or the hands of any such thrée of them , thereby warning the person or persons , Bodies Politick and Corporate therein named and concerned in the said late Houses or Buildings , and other the premisses in such Complaint mentioned , to appear before them at such time and place as in such Note or Notes shall in that behalf be specified : And upon appearance of the said person or persons summoned , or upon default of appearance , and Oath made of due notice given to him or them , ( which Oath , and all other Oaths necessary to the Execution of the Powers given by this Act , the said Iustices and Barons , or any thrée of them are hereby enabled to administer ) The said Iustices and Barons , or any thrée of them , may procéed to make such final and definitive Orders as aforesaid ; And that such service of the said Note or Notes as is usually allowed to be a good service in cases of Subpoena , shall be accounted to be a good service in the cases aforesaid .

The said Indicature shall be a Court of Record . And be it Enacted by the Authority aforesaid , That the said Iustices and Barons , or any thrée of them , for the matters , and according to the powers herein before mentioned , shall be , and shall be taken to be a Court of Record : And that the Iudgements and Determinations that shall be made betwixt party and party , by Authority of this Act , shall be Recorded in a Book or Books of Parchment to be provided for that purpose ; And that every such Iudgement and Determination shall be Signed by thrée or more of the said Iustices or Barons . Which said Book or Books of Record shall be placed and intrusted in the custody of the Lord Mayor and Aldermen of the City of London for the time being , to be kept with the Records of the said City , and to remain as a perpetual standing Record ; unto which all persons concerned , or which shall be concerned , shall or may repair to view the same , and thereout to take Copies of all such Iudgements and Determinations as shall relate to him , her , and them ; And that none of the said Iustices and Barons shall take any Fée or Reward whatsoever , directly or indirectly for any thing to be done by them , by vertue or colour of this present Act.

Officers . And be it Enacted by the Authority aforesaid , That for a reward of the Officers to be imployed herein , A Table of Fees . the said Iustices and Barons , or any thrée or more of them as aforesaid , are hereby enabled to order and direct a Table of such reasonable Fées to be made , as may carry on and effect the purport and intent of this Act. This Act to continue till the last day of December , which shall be in the year of our Lord One thousand six hundred sixty and eight , The continuance of this Act. and no longer .

Proviso touching the renewing and reversing Orders or Decrees . Provided always , and be it Enacted by the Authority aforesaid , That where any such Order or Decrée as aforesaid , shall be made by a lesser number of Iustices and Barons then Seven , it shall be lawful for any person agrieved by such Order or Decrée , to present his Exceptions to the same in writing , within seven days next after such Order or Decrée made , to the Chief Iustices and Chief Baron for the time being , or any two of them , who shall forthwith communicate the same to the rest of the said Iustices and Barons , who are hereby required to hear the Parties , and examine and consider the said Exceptions : And if any Seven or more of them shall subscribe thereunto , that they find probable cause of complaint , Then it shall and may be lawful to , and for any Seven or more of the said Iustices & Barons , within Twenty days next following such Exceptions delivered , to review the said former Order or Decrée ; And thereupon to reverse , Confirm , Enlarge , Diminish , or otherwise alter any such Order or Decrée , as in their wisdoms they shall think fit ; Any thing herein contained notwithstanding .

CAP. III.

For Rebuilding the City of London .

FOrasmuch as the City of London , being the Imperial Seat of His Majesties Kingdoms , and renowned for Trade and Commerce throughout the World ; by reason of a most dreadful Fire lately happening therein , was for the most part thereof burnt down and destroyed within the compass of a few days , and now lies buried in its own Ruines : For the spéedy Restauration whereof , and for the better Regulation , Vniformity , and Gracefulness of such new Buildings as shall be erected for Habitations in order thereunto ; And to the end that great and outragious Fires ( through the blessing of Almighty God , so far forth as humane Providence ( with submission to the Divine pleasure ) can foresée ) may be reasonably prevented or obviated for the time to come , both by the matter and form of such Building : And further , to the intent that all Incouragement and Expedition may be given unto , and all Impediments and Obstructions that may retard or protract the undertaking or carrying on a work so necessary , and of so great Honour and Importance to His Majesty and this Kingdom , and to the rest of His Majesties Kingdoms and Dominions , may be removed ;

Be it therefore Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by the Authority of the same , That the Rules and Directions hereafter in this Act prescribed , be duely observed by all persons therein concerned .

And first , That no Building or House for Habitation whatsoever , Rules and directions to be observed in building . be hereafter Erected within the limits of the said City and Liberties thereof , but such as shall be pursuant to such Rules and Orders of Building , and with such materials as are herein after particularly appointed , and according to such Scantlings as are set down and prescribed in a Table in this present Act hereafter specified . And if any person or persons shall presume to Build contrary thereunto , and be convicted of the same by the Oaths of two or more credible witnesses , to be taken before the Lord Mayor for the time being , or any two or more of the Iustices of the Peace for the said City , Penalty . who are hereby impowred to administer the same Oaths , that then and in such case , the said House so irregularly built as aforesaid , shall be déemed as a common Nusance ; and the Builder and Levier thereof shall enter into a Recognizance in such sum as the said Mayor and Iustices respectively in their Discretions shall appoint , for abatement and demolishing the same in convenient time , or otherwise to amend the same according to such Rules and Orders as aforesaid ; and in default of entring into such Recognizance , the Offender shall be committed to the common Gaol of the said City , there to remain without Bail or Mainprize , till he shall have abated or demolished , or otherwise amended the same ; or else such irregular House shall or may be demolished or abated by Order of the Court of Aldermen .

And that the said irregular Buildings may be the better prevented , or more effectually discovered , Prevention of irregular buildings . Be it further Enacted by the Authority aforesaid , That the Lord Mayor , Aldermen and Common-Council of the said City , shall and may at their will and pleasure , elect , nominate and appoint one or more discréet and intelligent person or persons in the Art of Building , to be the Surveyors or Supervisors , to sée the said Rules and Scantlings well and truly observed . And that it shall be lawful for the said Mayor , Aldermen and Common Council , or for the Mayor and Aldermen in their Court of Aldermen , to administer to all the said Surveyors or Supervisors , an Oath upon the holy Evangelists , for the true and impartial execution of their Office in that behalf , and to appoint the several Precincts which shall be under their several Surveys .

And to the end that all Builders may the better know how to provide and fit their materials for their several Buildings : Be it Enacted , That there shall be onely Four sorts of Buildings , There shall be four sorts of buildings only . and no more ; and that all manner of Houses so to be erected , shall be of one of those four sorts of Buildings , and no other , ( that is to say ) The First and least sort of Houses fronting By-Lanes ; the Second sort of Houses fronting Stréets and Lanes of note ; the Third sort of Houses fronting high and principal Stréets ; the Fourth and largest sort of Mansion-houses , for Citizens , or other persons of extraordinary quality , not fronting either of the thrée former ways : And the Roofs of each of the first three sorts of Houses respectively shall be Vniform .

And for avoiding any uncertainty to the Builders , or others herein ; Be it further Enacted , Powers of the Lord Mayor Aldermen and Common Council to declare Streets Lanes &c. That the Lord Mayor , Aldermen , and Common Council of the said City for the time being , shall on or before the first day of April next ensuing , declare which , and how many shall hereafter be accounted and taken to be By-lanes ; which , and how many shall hereafter be déemed Stréets , or Lanes of note , and high and principal Stréets , by Act of Common-Council to be passed for that purpose : which Declaration being made as aforesaid , all and singular the said Stréets and Lanes ( hereby intended to be rebuilt ) shall by Order of the said Lord Mayor , Aldermen , and Common Council , or such persons as they under the Common Seal of the said City shall order and appoint , be Marked or Staked out , and distinguished ; to the end the Breadth , Length and Extent thereof may be the better known and observed : And if any person or persons whatsoever shall wittingly or willingly , without good Authority , pluck up , or remove any of the said Stakes , or Mark-stones , thereby to obscure or confound the bounds of such Stréets , or Lanes , or any of them , and shall be thereof legally convicted by the Oath of one Witness ( other then of the Informer ) to be taken before any one , or more Iustices of the Peace of the said City , That then the said Iustice or Iustices shall or may send such Offender to the Common-gaol of the said City , there to remain by the space of thrée moneths without Bail or Mainprize , unless he shall pay or cause to be paid to the use of the Mayor , Commonalty , and Citizens of the said City , the sum of Ten pounds , to be imployed in and towards the repairing of the publick Buildings of the said City . Provided always , That where any such Offence shall be committed by any person or persons of low and mean condition , whom the said Iustice or Iustices of the Peace shall in his conscience believe to be unable to satisfie the said Penalties , That then and in such case , the said Iustice or Iustices of the Peace shall and may , by Order and Warrant under his or their Hands and Seals , cause such Offender to be openly whipped near unto the place where the Offence shall be committed , till his body be bloudy : And that it shall and may be lawful for the said Iustice or Iustices of the Peace to reward the said Informer out of the Pecuniary Penalty to be incurred , according to his discretion , not excéeding a Third part of the said Penalty .

And in regard the building with Brick is not onely more comely and durable , but also more safe against future perils of Fire ; Building with Brick , Stone , Oak . Be it further Enacted by and with the Authority aforesaid , That all the outsides of all Buildings in and about the said City be henceforth made of Brick or Stone , or of Brick and Stone together , except Door-cases and Window-frames , the Brest , Summers , and other parts of the first Story to the Front , betwéen the Péers , which are to be left to the discretion of the Builder , to use substantial Oaken Timber in stead of Brick or Stone , for conveniency of Shops ; And that the said Doors , Brest , Summers , and Window-frames be sufficiently discharged of the burthen of the Fabrick by Arch-work of Brick or Stone , either straight or circular .

The duty of the Surveyors and Supervisors . And be it Enacted , That the said Surveyors , or Supervisors so to be appointed as aforesaid , and every of them , within their several Precincts , shall take care , That in Building of all Houses within the said City and Liberties thereof , there be , And it is hereby Enacted by the Authority aforesaid , That there shall be Party-walls , and Party-péers set out equally on each Builders ground , to be built up by the first beginner of such Building ; And that convenient Toothing be left in the Front-wall by the said first Builder , for the better joyning of the next House that shall be built to the same : And that no man be permitted by the said Surveyors , to build on the said Party-wall , or on his own contiguous ground , until he hath fully reimbursed the said first Builder the full moyety of the charges of the said Party-wall and Péers , together with Interest for the same , after the rate of Six pounds per Cent. per Annum for forbearance thereof , to be accounted from the beginning of the said first building . Who may determine Differences between first and later builders . And in case any difference shall arise betwéen the first and later Builders , concerning the true value of the said Charge , That then the same be referred to the Alderman of that Ward where such Building shall be , and to his Deputy , to mediate an agréement of such difference : And where the said Alderman and his Deputy , or one of them shall be parties , or where they cannot compose such difference as aforesaid , That the matter be referred to the Examination of the Lord Mayor and Court of Aldermen , who shall hear , and finally determine the same , without any Appeal to be had .

Houses of the first and last sort of building . And be it further Enacted , That the said Houses of the first and least sort of Building , fronting By-stréets or Lanes as aforesaid , shall be of two Stories high , besides Cellars and Garrets : That the Cellars thereof be six foot and a half high , if the springs of water hinder not ; That the first Story be nine foot high from the Floor to the Cieling ; and the second Story nine foot high from the Floor to the Cieling ; That all Walls in front and réer , as high as the first Story , be of the full thickness of the length of two Bricks , and thence upwards to the Garrets of the thickness of one Brick and an half ; and that the thickness of the Garret-walls on the back-part be left to the discretion of the Builder , so that the same be not less then the length of one Brick : And also that the thickness of the Party-walls betwéen these Houses of this first and lesser sort of Building , be one Brick and an half , as high as the said Garrets ; and that the thickness of the Party-wall in the Garrets , be of the thickness of one Brick in length at the least ; and that the Scantlings of Timber and Stone to be used about the building thereof , be as in the said Table are set down and prescribed .

Houses of the second sort of building . And be it further Enacted , That the Houses of the second sort of Building , fronting Stréets and Lanes of note , and the River of Thames , shall consist of thrée Stories high , besides Cellars and Garrets as aforesaid ; That the Cellars thereof be six foot and an half high ( if the springs of water hinder not ) That the first Story contain full ten foot in height from the Floor to the Cieling ; the second , full ten foot ; the third , nine foot : That all the said Walls in front and réer , as high as the first Story , be of the full thickness of the length of two Bricks and an half , and from thence upwards to the Garret-floor of the thickness of one Brick and an half ; and that the thickness of the Garret-walls on the back-part be left to the discretion of the Builder , so that the same be not less then the length of one Brick ; & also that the thickness of the Party-walls betwéen every House of this second and larger sort of Building , be two Brick lengths as high as the first Story , and thence upwards to the Garrets of the thickness of one Brick and half ; the Scantlings of Timber and Stone to be as in the said Table are prescribed .

Houses of the third sort of building . Also that the Houses of the third sort of Buildings , fronting the high and principal Stréets , shall consist of four Stories high , besides Cellars and Garrets as aforesaid : That the first Story contain full ten foot in height from the Floor to the Cieling ; the second , ten foot and an half ; the third , nine foot ; the fourth , eight foot and an half . That all the said Walls in front and réer , as high as the first Story , be of the full thickness of the length of two Bricks and an half , and from thence upwards to the Garret-floor of the thickness of one Brick and an half : That the thickness of the Garret-walls on the back part be left to the discretion of the Builder , so as the same be not less then the length of one Brick ; and also that the thickness of the Party-walls betwéen every house of this third and larger sort of Building be two Bricks lengths as high as the first Story , and then upwards to the Garrets of the thickness of one Brick and half ; the scantlings of Timber and Stone to be as in the said Table are prescribed .

Houses of the fourth sort of building . And be it further Enacted , That all Houses of the fourth sort of Building , being Mansion-houses , and of the greatest bigness , not fronting upon any of the Stréets or Lanes as aforesaid , shall bear the same Scantlings as in the Table are set down for the same ; and that the number of Stories , and the height thereof be left to the discretion of the Builder , so as he excéed not four Stories .

And be it further Enacted , That in the Front of all houses hereafter to be erected in any such Stréets as by Act of Common-Council shall be declared to be High-Stréets , Fronts of Houses in High-streets . Belconies . Belconies four foot broad , with Rails and Bars of Iron , of equal distance from the ground , shall be placed ; every of which Belconies shall contain in length two parts of the Front of the house on which it shall be placed , in thrée parts to be divided , and the remaining vacancy of the Front shall be supplyed with a Pent-house of the breadth of the Belcony , to be covered with Lead , Slate or Tile , and to be Cieled with Plaistering underneath ; and that the Water falling as well from the tops of the said Houses , as from the said Belconies and Pent-houses , be conveyed into the Channels by Party-pipes on the sides or fronts of the said Houses ; and that Pavements under every of the said Belconies and Pent-houses be made of good and sufficient broad flat Stone , at the charge of the Builder .

And be it further Enacted , How Houses fronting on High-Streets shall be built . That no Builder of any of the Houses fronting any of the said Highstréets , Stréets or Lanes of note , be permitted to lay his first Floor over-the Cellar more then Eightéen Inches above the said Stréets , or less then Six , with one Circular step to lead up thereunto , to be placed without the Building : And that no Trap-doors or open Grates be in any wise suffered to be made into any such Cellar or Ware-house without the foundations of the Front ; but that all Lights to be made into any of them , be henceforth made upright , and not otherwise ; and that no Bulks , Ietties , Windows , Posts , Seats , or any thing of like sort shall be made or erected in any Stréets , Lanes or By-lanes , to extend beyond the antient foundation of Houses ; nor that any House be set further into the Stréet then the ancient foundation ; Saving onely that in the high and principal Stréets , it shall be lawful for the Inhabitants to suffer their Stall-boards ( when their Shop-windows are set open ) to turn over , and extend eleven inches and no more , from the Foundation of their Houses into the Stréets , for the better conveniency of their Shop-windows .

And be it further Enacted , That if any person or persons , Bodies Politick or Corporate , Within what time all persons are to rebuild their houses . Penalty . being Seised , Possessed , or Interessed of , or in any Ground which was formerly builded upon , and the Houses thereupon being now burned or pulled down at the time of the late Fire , shall not within Thrée years next ensuing build up the same , That then the Mayor , Aldermen and Common-Council of the City of London , by Act of Common-Council , may cause Proclamation to be publickly made betwéen the hours of Twelve and two of the clock in the afternoon , as well at or upon the said Ground , as also at or upon the publick Exchange of the said City , thereby to give notice to all persons that shall be , or may be therein concerned , to cause the same to be rebuilded according to the direction of this present Act , within the space of Nine moneths then next following : And in case the Owners thereof , or other person or persons having Interest therein , shall refuse or neglect to rebuild the same , in manner , and within such time as aforesaid , That then in such case the said Mayor and Court of Aldermen of the said City are hereby Authorized to Issue out Warrants to the Sheriffs of London for the time being , requiring them to Impannel and return before them a Iury of good and lawful men of the said City , which the said Sheriffs are hereby authorized and required to do accordingly ; which Iury so returned , shall upon their Oaths to be administred to them by the said Mayor and Court of Aldermen ( who are likewise hereby Authorized to minister the same ) Enquire , Estimate and Assess the true and just Value of such void Ground , according to their Iudgments ; And that from and after such Inquiry and Valuation thereof made as aforesaid ( by Inquest of the said Iury ) it shall and may be lawful to and for the said Mayor , Aldermen and Common Council of the said City , to make Sale of the Fée or Inheritance thereof , by Conveyance under their Common Seal , to any person or persons that will purchase the same at such price at which the same shall have béen so as aforesaid Estimated and Valued by the said Iury ; and the moneys thereupon to be received of the Purchasers thereof , shall be paid into the Chamber of London , and from thence to be issued out and paid by the Chamberlain of London for the time being , unto such person or persons who shall have any Estate or Interest into , or out of the same , according to his or their respective Estate or Estates , Title or Interest : which Sale so made and Inrolled of Record , according to the Custom or Vsage of the said City for Inrollment of Bargains and Sales , shall be final and conclusive to all other persons whatsoever , and shall bar them , their Heirs and Assigns , to claim any Estate , Right , Title or Interest of , in , or out of the Grounds so sold , precedent to the said Sale ; And the Purchaser or Purchasers thereof , his and their Heirs and Assigns , shall and may by vertue of this Act , have , hold and enjoy the same against all persons claiming any Estate , Right , Title or Interest into , or out of the same , his and their Heirs , Executors , Administrators and Assigns , fréed and discharged of and from Incumbrances in Estate , Title , Charge or otherwise , precedent to the said Sale .

And to the end the said Builders may receive due encouragement , by having the materials for building at reasonable Prices , and getting of Workmen for moderate wages ; Be it further Enacted , That in case of Combination , or unreasonable Exaction by Brick-makers , Tile-makers , Who may ( in case of unreasonable exactions ) set rates upon Materials and Workmen . and Lime-burners , It shall and may be lawful for the Iustices of the Court of Kings Bench , or any two or more of them , upon the complaint of the said Mayor and Court of Aldermen , to call before them such a number of Brick-makers , Tile-makers , and Lime-burners , making or burning Brick , Tile or Lime , at any place within Five miles distance of the River of Thames , as they shall think fit ; and upon conference with them had concerning the premisses , if they will be present , or otherwise in their absence , to Assess such reasonable Prices from time to time upon every Thousand of the said Bricks and Tiles , and upon every hundred of the said Lime , and every greater or lesser quantity , to be delivered at the several Kilns : And also of all Carriages of the same Materials from the said Kilns to the said City , whether by Land or by Water , as may equally respect the honest profit of the said Brick-makers , Tile-makers , Lime-burners and Carriers , and the necessity and convenience of the Builder .

Labourers Wages . And to the intent no Brick-maker , Tile-maker , Lime-burner , Carpenter , Brick-layer , Mason , Plaisterer , Ioyner , Plumber , or other Artificer , Workman or Labourer , may make the common calamity a pretence to extort unreasonable or excessive Wages ; Be it likewise Enacted , That in case of combination or exaction of unreasonable Wages by the said Artificers , Workmen or Labourers , or any of them , the said Iustices of the Court of Kings-Bench , or any two or more of them , upon the like complaint of the said Lord Mayor and Court of Aldermen , shall and may from time to time , limit , rate and appoint the Wages of the said Artificers , Workmen and Labourers , by the day , wéek , or otherwise , and what wages every of the said Workmen shall have by the great , by the Foot , Yard , Rod or Perch , or for any greater Quantity : which said Rates , together with the Prices of the said Materials and Carriages so assessed , being set down in a Table , and Proclamation thereof made by the Lord Mayor for the time being accordingly , the same shall effectually bind all persons therein concerned . And if any of the said Artificers refuse to sell the said Materials for the Prices so assessed , or any of the said Carpenters , Bricklayers , Masons , Plaisterers , Ioyners , Plumbers , or other Workmen or Labourers , shall either refuse to work for the Wages so assessed , or shall depart from his said work after he hath undertaken to do the same , without Licence of such person or persons as imployed him , and before it be finished , unless it be for non-payment of his hire , or other just cause to be allowed before one Iustice of the Peace of such place where the offence shall be committed ; or if any person or persons whatsoever shall by any secret ways or means give , covenant , article or agrée to give directly or indirectly , by himself , or any other for him , any other or greater Wages , Prices , or other Commodity then shall be so assessed : the said Offender and Offenders being thereof legally convict by the Oaths of one or more witnesses , which Oath the said Iustice is hereby impowred to administer , shall be by the said Iustice of the Peace forthwith committed to the Common Gaol , there to remain by the space of one Moneth without Bail or Mainprize , unless he shall pay , or cause to be paid for every such Offence to the said Iustice of the Peace , such Fine as by the discretion of the said Iustice shall be set upon any such Offender , not excéeding Ten pounds ; Out of which Fine the said Iustice shall and may award and pay unto the party injured such satisfaction as he shall judge reasonable , and the residue thereof shall pay unto the Chamberlain of London for the time being , to be imployed for and towards the re-edifying of the Publick Buildings of the City aforesaid .

For●iners may as Freemen , work in London . And be it further Enacted , That all Carpenters , Bricklayers , Masons , Plaisterers , Ioyners , and other Artificers , Workmen and Labourers , to be imployed in the said Buildings , who are not Frée-men of the said City , shall for the space of Seven years next ensuing , and for so long after as until the said Buildings shall be fully finished , have and enjoy such and the same liberty of working , and being set to work in the said Building , as the Fréemen of the City of the same Trades and Professions have and ought to enjoy ; Any Vsage or Custom of the City to the contrary notwithstanding . And that such Artificers as aforesaid , which for the space of Seven years shall have wrought in the rebuilding of the City in their respective Arts , shall from and after the said seven years , have and en●oy the same Liberty to work as Fréemen of the said City , for and during their natural lives . Provided always , That such Artificers claiming such Priviledges , shall be liable to undergo all such Offices , and to pay and perform such Duties in reference to the Service and Government of the City , as Fréemen of the City of their respective Arts and Trades are liable to undergo , pay and perform .

Who may determine differences between Builders , about stopping Lights , &c. And to remove all obstacles which otherwise may hinder so good and profitable a work , Be it further Enacted by the Authority aforesaid , That all differences arising betwéen the said Builders or any others concerning placing and stopping up of Lights , Windows , Water-courses or Gutters , which may hinder or retard the said Building , shall and may be heard , mediated and determined ( if it may be ) by the Alderman of the Ward where the cause of any such difference shall arise , and his Deputy ; and if either the said Alderman or his Deputy be concerned as parties in the controversie , or that they cannot determine the said Differences , that then , and in every such case the same be certified by the said Alderman or his Deputy unconcerned therein , to the said Mayor and Court of Aldermen , who upon deliberate hearing of all Parties , shall finally determine the same without further or other Appeal .

Common Sewers , Drains and Vaults , &c. And be it further Enacted by the Authority aforesaid , That the numbers and places for all common Sewers , Drains and Vaults , and the order and manner of paving and pitching the Stréets and Lanes within the said City and Liberties thereof , shall be designed and set out by such and so many persons as the said Mayor , Aldermen and Commonalty in Common Council assembled , shall from time to time authorize and appoint under their Common Seal , or the more part of them ; which said persons so authorized and appointed , or any seven or more of them , together with the said Surveyors , or some or one of them , within his or their Precinct respectively , shall at their méeting have power and authority to order and direct the making of any new Vaults , Drains and Sewers , or to cut into any Drain or Sewer already made , and for the altering , inlarging , amending , cleansing and scouring of any old Vaults , Sinks , or Common Sewers . For the better effecting whereof , it shall and may be lawful to and for the said persons so authorized and appointed as aforesaid , or any seven or more of them , at their said méeting , to impose any reasonable Tax upon all Houses within the said City and Liberties thereof , in proportion to the benefit they shall receive thereby , for and towards the new making , cutting , altering , inlarging , amending , cleansing and scouring all and singular the said Vaults , Drains , Sewers , Pavements , and Pitching aforesaid : And in default of payment of the said sums so to be charged , it shall and may be lawful to and for the said persons so authorized as aforesaid , or any seven or more of them , by Order and Warrant under their hands and seals , to levy the said sum and sums of money so assessed , by Distress and sale of the goods of the party chargeable therewith , and refusing or neglecting to pay the same , rendring the overplus ( if any be . ) And that all other Commissioners whatsoever be altogether suspended to intermeddle in the premisses within the said City and Liberties thereof , for the space of seven years next , and for so long after until the said intended Buildings shall be fully finished ; Any Law or Statute to the contrary in any wise notwithstanding .

And be it further Enacted , That it shall and may be lawful to and for the Lord Mayor , Noysome Trades prohibited in the High Streets . Aldermen and Common Council of the said City , from time to time , to prohibit such Trades and Occupations as they shall judge noisom , or perilous in respect of Fire , to be used or exercised in the high or principal Stréets of the said City .

And forasmuch as the fréedom of openness of the Stréet conduceth much to the advancement of Trade , and Ornament of the City ; Be it further Enacted , That it shall and may be lawful to and for the said Mayor , Aldermen and Commonalty , by Order of Common Council in that behalf to be made , from time to time , and at their will and pleasure , Removing of Conduits in High Streets . to remove out of any of the high Stréets all or any of the Conduits now standing , or hereafter to be erected , and to set up and to erect the same in such other publick places within the said City as they shall think fit , or to contract the same into any smaller or lesser compass in the places where they now stand , or hereafter shall be erected as aforesaid , according to their discretions .

And whereas many antient Stréets and Passages within the said City and Liberties thereof , and amongst others , those which are hereafter mentioned , were narrow and incommodious for Carriages and Passengers , and prejudicial to the Trade and Health of the Inhabitants , and are necessary to be inlarged , as well for the Convenience , as Ornament of the City ; Be it Enacted by the Authority aforesaid , That the Mayor , Aldermen and Commons of the said City for the time being , in Common Council assembled , shall and may , What Streets may be opened and enlarged . and are hereby impowred and required to inlarge all and every the Stréets and Places hereafter mentioned , where , and in such manner as there shall be cause , by and with the Approbation of His Majesty , and not otherwise : That is to say , The Stréet called Fleetstreet , from the place where the Greyhound-Tavern stood , to Ludgate , and from thence to Saint Paul's Church-yard ; The Stréet leading from the East end of Saint Pauls Church into Cheapside ; The Stréet and Passage at the East end of Cheapside , leading into the Poultry ; The Stréet and Passage out of the Poultry , leading into the West end of Cornhill , at or near the place late called the Stocks ; The Stréet called Blow-bladder Street , leading from the West end of Cheapside towards Newgate-Market ; And to inlarge the Stréet and Passage from thence towards Newgate-Market , by laying the Ground where the Middle-Row in the Shambles there lately stood , into the said Stréet ; and in like manner to inlarge the Passage from Newgate-Market towards Newgate , by laying the Ground of the late four Houses betwéen Warwick-Lane end in Newgate-Market , and the late Bell-Inne there , into the Stréet : And in like manner to inlarge , as there shall be cause , the Lane called Ave-Maria-Lane , leading from Pater-Noster-Row to Ludgate-Street ; And the Stréet or Passage at the end of Saint Martins le Grand towards Blow-bladder Street aforesaid ; And also the Passage from Saint Magnus Church to the Conduit in Gracious-Street , and the North end of Gracious-Street ; and also Thames-Street , from the West-corner of Saint Magnus Church aforesaid , to the Tower-Dock ; and to inlarge Old Fish-Street , by laying the Middle-Row there into the Stréet .

And the said Mayor , Aldermen , and Common Council also shall and may by vertue of this present Act inlarge and make wider any other such strait and narrow passages within the said City , as are less then fourtéen foot in breadth : So as notice be given to the Owners or parties interessed in the Ground to be so taken for the inlarging thereof , on or before the First day of May next ensuing . And are and shall be also further enabled by vertue of this Act , to make or cause to be made a new Stréet leading and extending from the Guild-Hall of the said City into Cheapside ; the same to be of such breadth and wideness , as they shall judge méet and convenient .

And to the end that reasonable satisfaction may be given for all such Ground as shall be taken and imployed for the uses aforesaid ; The Mayor , Aldermen , Satisfaction to be made for Ground . and Common Council shall and may treat and agrée with the Owners and others interessed therein : And if there shall be any Persons , Bodies Corporate or Collegiate , that shall wilfully refuse to treat and agrée as aforesaid , or through any disability by Nonage , Coverture , or especial Entail , or other impediment , cannot ; That in such cases , the said Lord Mayor and Court of Aldermen are hereby authorized by vertue of this Act , to issue out a Warrant or Warrants to the Sheriffs of London , who are hereby required accordingly to Impannel and return a Iury before the said Lord Mayor and Court of Aldermen ; Which Iury upon their Oaths to be administred by the said Lord Mayor and Court of Aldermen , are to Inquire and Assess such Damage and Recompence as they shall judge fit to be awarded to the Owners , and others interested , according to their several and respective Interests and Estates of , and in any such Houses or Ground , or any part thereof , for their respective Interests and Estates in the same , as by the said Lord Mayor , Aldermen , and Commons in Common Council assembled , shall be adjudged fit to be converted for the purposes aforesaid : And such Verdict of the Iury , and Iudgement of the said Lord Mayor and Court of Aldermen thereupon , and the payment of the sum or sums of money so awarded or adjudged to the Owners , and others having Estate or Interest , or Tender and refusal thereof , shall be binding to all intents and purposes against the said Parties , their Heirs , Executors , Administrators and Assigns , and others claiming any Title or Interest in the said Houses or Ground , and shall be a full Authority for the said Lord Mayor , Aldermen , and Commons , to cause the same to be converted and used for the purposes aforesaid .

Houses which shall be bettered in value . And forasmuch as the Houses now remaining , and to be rebuilt , will receive more or less advantage in the value of their Rents , by the liberty of Air , and frée Recourse for Trade , and other Conveniencies by such Regulation and Inlargement ; It is also Enacted by the Authority aforesaid , That in case of refusal , or incapacity as aforesaid of the Owners , or others interessed of , or in the said Houses , to agrée and compound with the said Lord Mayor , Aldermen and Commons for the same , Thereupon a Iury shall and may be Impannelled in manner and form aforesaid , to Iudge and Assess upon the Owners , and others interessed of , and in such Houses , such competent sum and sums of Money , with respect to their several Interests , in consideration of such improvement and melioration , as in reason and good conscience they shall think fit : And all sums of Money that shall be so Assessed and Raised as aforesaid , shall be paid to the Chamberlain of the City of London for the time being ; who is hereby enabled from time to time to receive and recover the same by Action at Law , and whose Receipt shall be a good Discharge to such Owners , or others interessed ; And who is hereby appointed to receive and pay , and be accomptable for the same , according to such Directions as shall from time to time be given him by the said Lord Mayor , Aldermen and Commons ; And the Money so raised , shall be wholly imployed towards payment and satisfaction of such Houses and Ground as shall be converted into Stréets , Passages , Markets , and other publick places aforesaid ; And such satisfaction so given or tendered , and refused as aforesaid , shall devest the Propriety , Estate and Interest of the respective Owners , and others having Interest of and in such parcels of Ground , so to be taken and imployed for the uses aforesaid , by vertue of this Act : Which shall be , and are hereby actually Setled and Invested in the said Lord Mayor , Commonalty and Citizens of the City of London , and their Successors , in like manner as other the Common-stréets and High-ways within the said City .

Who may hear and determine : differences of several claims of Estates . And in case any Controversies or Differences shall happen to arise betwéen several persons that shall claim several Estates or Interests into , or out of any Grounds to be sold by the said Mayor , Aldermen and Common Council , or by them to be taken and disposed of by vertue , and in pursuance of this Act , to and for the uses aforesaid ; That then the Iustices of the Courts of Kings Bench and Common Pleas , and Barons of the Coif of the Exchequer for the time being , or any thrée or more of them , shall be , and are hereby authorized to hear , and finally to order and determine the same in a summary way of procéeding , and without the formalities or ordinary course of procéedings used in any the said Courts , to order and award such Distribution to be made of the Money thereby arising , for the satisfying of such several Interests and Claims , as to them shall séem just and reasonable , according to the respective Estate or Estates , Title or Interests of the person or persons making Claim thereunto ; According to which order and distribution to be made and appointed by the said Iustices and Barons , or any three or more of them , the said Purchase-money shall be satisfied and paid by the said Chamberlain , to the said several persons respectively .

The second of September appointed a day of Humiliation in the City yearly forever . And that the said Citizens and their Successors for all the time to come , may retain the Memorial of so sad a Desolation , and reflect seriously upon their manifold Iniquities , which are the unhappy causes of such Iudgements ; Be it further Enacted , That the Second day of September ( unless the same happen to be Sunday , and if so , then the next day following ) be yearly for ever hereafter observed as a day of Publick Fasting and Humiliation within the said City and Liberties thereof , to implore the Mercies of almighty God upon the said City , to make devout Pray - and Supplication unto him , to divert the like Calamity for the time to come .

A Pillar to be set in memory of the Fire . And the better to preserve the memory of this Dreadful Visitation , Be it further Enacted , That a Column or Pillar of Brass or Stone be erected on , or as near unto the place where the said Fire so unhappily began , as conveniently may be , in perpetual Remembrance thereof with such Inscription thereon , as hereafter by the Mayor and Court of Aldermen in that behalf be directed .

Tender of money at the Assurance Office or the Royal Exchange . And be it Enacted , And it is hereby Enacted by the Authority aforesaid , That all Tenders of Money , or Payment thereof , which by any Bonds , Covenants , or other Obligations or Assurance whatsoever ought to be made in the late Assurance-Office , or in any other place on the late Royal Exchange London , shall or may be made at , or in the present Assurance-Office in Gresham-House ; And shall be as valid and legal to all intents and purposes , and discharge the Obligor as fully and amply , as if they had béen made in the first intended place on the said Royal Exchange .

And it is hereby further Enacted , That the Parish-Churches to be Rebuilded within the said City of London , in lieu of those which were Demolished by the late Fire , Parish Churches to be rebuilded . shall not excéed the number of Thirty nine ; Which shall be set out and appointed by , and with the advice and consent of the Lord Archbishop of Canterbury , and the Bishop of London for the time being .

Provided also , And be it Enacted by the Authority aforesaid , That the Scites and Materials of such Churches as by this Bill are not intended to be Rebuilt , Scites and Materials of Churches to be sold , and how imployed . together with the Church-yards belonging to such Churches , shall be , and are hereby vested in the Lord Mayor and Aldermen of the City of London for the time being ; to the end so much of the said Ground as shall not upon the Rebuilding of the said City , be laid into the Stréets , be sold and disposed of by the said Lord Mayor and Aldermen , or the major part of them for the time being , with the consent of the Archbishop of Canterbury , and Bishop of London for the time being ; and the Money raised by such Sale , shall be by the said Mayor and Aldermen , or the major part of them , with the consent of the said Archbishop and Bishop , disposed of , and imployed for and towards the Rebuilding of such Parish-Churches as by this Act are intended to be Rebuilt ; and for no other use or purpose whatsoever .

Provided always , That any thing in this Act contained , St. Pauls , St. Faiths , St. Gregories Churches . shall not extend or be taken to vest or settle the Church of Saint Paul , and Saint Faiths , or any part thereof , or the Church of Saint Gregories by Saint Pauls , or any of them , or the Church-yards to any of them belonging or appertaining , in the Mayor , Aldermen , and Commons of the City of London , or any of them ; Any thing in this Act notwithstanding .

And be it Enacted , That for the preventing Inundations , and for easiness of Ascent , the Stréet called Thames-street , and all the Ground betwéen the said Stréet and the River of Thames , Thames-street . shall be raised and made higher by thrée foot at the least above the surface of the ground as now it lieth .

Provided also , And it is hereby further Enacted by the Authority aforesaid , That no House , Out-house , or other Building whatsoever ( Cranes and Sheds for present use only excepted ) shall be built or erected within the distance of Forty foot of such part of any Wall , Key , or Wharf , as bounds the River of Thames , from Tower-Wharf to London-Bridge , and from London-Bridge to the Temple-Stairs : Nor any House , Out-house or other Building , ( Cranes onely excepted ) be Built or Erected within the distance of Thréescore and ten Foot of the middle of any part of the Common-Sewers , commonly called or known by the names of Bridewell-Dock , Fleet-Ditch , and Turmil-Brook , from the River of Thames to Clarkenwel , upon either side of them , before the Four and twentieth day of March , which shall be in the year of our Lord , One thousand six hundred sixty eight .

And for the further enabling of the said Mayor and Commonalty , and Citizens of the said City of London , and their Successors , to perform and accomplish the works in this Act mentioned ; An Imposition upon Coals . Be it Enacted by the Authority aforesaid , That for all sorts of Coals , which from and after the four and twentieth day of June , One thousand six hundred sixty seven , and before the Four and twentieth day of June , One thousand six hundred seventy seven , shall be imported and brought into the Port of the City of London , or the River of Thames , within the liberty of the said City of London , upon the same River to be sold by the Chaldron or Tun , there shall be paid by way of Imposition thereupon , ( over and besides all other Impositions and Duties due and payable for any sort of the said Coals , by vertue of any Law or Statute now in force ) according to the Rates hereafter mentioned ; That is to say , for such sorts of Coals as are usually sold by the Chaldron , for every Chaldron thereof containing Thirty six bushels Winchester measure , the sum of Twelve pence ; and for all such sorts of Coals as are sold by the Tun , for every Tun thereof containing Twenty hundred weight , the like sum of Twelve pence ; which said Imposition of Twelve pence for every Chaldron or Tun of Coals , shall from time to time during the term aforesaid , be answered and paid unto the said Mayor , and Commonalty and Citizens , and their Successors , or to their Deputy or Deputies , Officer or Assigns , by the Master , Owner or Owners , or other person or persons taking charge of any Ship or Vessel whereupon the same shall be laden , before they shall break Bulk , or have a Meter assigned for the measuring or weighing of any Coals aforesaid , to be delivered from on board any such Ship or Vessel ; the same to be paid at such place or places , as by the said Mayor and Court of Aldermen shall from time to time be appointed for the receipt thereof ; Vpon receipt whereof , the party appointed to receive the same , shall without delay , fée or reward , deliver a Receipt to the person or persons who shall pay the said Duty ; which Receipt shall for so much be a sufficient discharge .

And to the end that the said Imposition may be duly answered and paid without fraud or covin , and for the better Levying and Collecting thereof , and for discovery of the just quantities of all sorts of Coals to be Imported as aforesaid ; Be it further Enacted by the Authority aforesaid , That the Coal-meters for the City of London , appointed , or to be appointed , and every of them , Coal-meters Duty for Levying the same . and their respective Deputies in their turn & course of attendance respectively , so soon as any Ship or Vessel freight with Coals shall be unladen , shall forthwith deliver a true Certificate in writing , unto the Deputy or Deputies , Officers or Assigns of the said Mayor and Commonalty , and Citizens , who shall be appointed to receive the said Imposition , of the sorts , quantities and number of Chaldrons or Tuns of Coals respectively which shall be measured , or weighed and delivered from on Board any such Ship or Vessel , on pain for his or their default therein , to be suspended from the execution and benefit of his or their Office or Imployment for one whole year from thence next following : And in case it shall appear by such Certificate or otherwise , That there was on Board any such Ship or Vessel , a greater number of Chaldrons or Tuns of Coals , then for which the said Imposition shall have béen answered and paid as aforesaid ; That then in such case there shall be paid to the said Mayor and Commonalty , and Citizens , and their Successors , for every Chaldron or Tun of Coals so concealed , over and above the Imposition aforesaid , the sum of Five shillings ; for which ( in case of refusal to pay the same ) such Ship or Vessel , or any the Tackle , Furniture or Apparel thereof , may be attached and detained by Warrant from the Mayor of the said City for the time being , until payment thereof .

Provided nevertheless , That if the Importer , upon such Certificate delivered in by the Coal-meter , shall within four and twenty hours , give in his Post-entry , and satisfie and pay the whole Duty for the surplusage of Coals appearing upon the unlading of such Ship or Vessel , That then upon such payment , the penalty aforesaid shall be discharged .

How the said Imposition shall be disposed . And be it further Enacted , That all and every such sum and sums of Money which shall be raised upon the Receipt of the said Imposition of Twelve pence for every Chaldron or Tun of Coals , or by such additional Duty , in case of concealment as aforesaid , shall in the first place be applied and disposed unto , and for the satisfaction of such persons whose Grounds shall by vertue , and in pursuance of this Act , be taken and imployed for the inlarging of the Stréets , and narrow Passages within the said City ; And after satisfaction given for the same , the residue of the said Moneys shall be applied and disposed unto , and for the satisfaction of such persons whose Grounds shall be imployed for the making of Wharfs or Keys on the North-side of the River of Thames , and upon each side of the Sewer called by the name or names of Bridewell-Dock , Fleet-Ditch , and Turnmill-Brook ; and also for the building and making such Prisons within the said City , as shall be necessary for the safe Custody and Imprisonment of Felons , and other Malefactors .

And the Accompts of Re●ei●s and disbursements thereof kept . And to the end the Moneys to be raised upon the Imposition aforesaid , may be duly applied to the uses for which the same is by this Act appointed , Be it further Enacted , That there shall from time to time be provided , and kept in the Chamber of London , one or more Book or Books of Vellam or Parchment , in which all moneys thereupon to be received , shall from time to time be entred and set down : And also other like Book or Books , wherein the Accompts of all Payments and Disbursements out of the same shall be likewise entred ; expressing the time when , the occasion for which , and the name of the person or persons to whom the same were so paid or disbursed . And that it shall and may be lawful to and for all and every person and persons , that shall or may be in any wise concerned so to do , to have frée access unto , and view the said respective Books of Receipts and Disbursements at all times , when the Chamberlains Office is open , without any Fée or Reward to be taken , or demanded for the view or inspection thereof : And that the Chamberlain of London for the time being , before the end of Michaelmas Term in every year , shall transmit , and upon his Oath deliver into the Receipt of the Exchequer , a true Copy or Duplicate of the aforesaid Books of Accompts , containing the Receipts and Disbursements of all moneys which shall be raised and paid by or out of the said Imposition upon Coals , in the year preceding , and ending upon the Four and twentieth day of June next before ; there to be received gratis by the proper Officer , and kept amongst the Records of the said Court ; where it shall also be lawful for any person or persons , who shall be in any wise concerned so to do , to have access thereunto , and to view and peruse the said Books of Accompts , without any Fée or Reward to be taken or received for the same .

Thomas Morris his Water-House . Provided always , That it shall and may be lawful for the Water-house , called Mr. Thomas Morris his Water-house , formerly adjoyning to London-Bridge , to be rebuilt upon the place it formerly stood , with Timber , for the supplying the South-side of the City with water , as it for almost this hundred years hath done ; Any thing in this Act to the contrary in any wise notwithstanding .

Water-Lane Street . Provided also , And it is hereby further Enacted by the Authority aforesaid , That the Lord Mayor and Aldermen of London , may and shall open and inlarge a Stréet or Passage called Water-Lane , leading from Fleetstreet to White-Friers-Dock by the River of Thames ; as also open and inlarge a Stréet or Passage to the said River from Cheap-side through Soper-Lane to Thames-Street , and from the Three-Cranes to the Thames ; And open and inlarge one other Stréet or Passage through Mincing-Lane , Mincing-Lane . by St. Dunstans in the East , to Thames-Street near the Custom-House : And to make the said Stréets or Passages twenty four foot in breadth , for the conveniency of Trade , and better passage of Carts , and other Carriages to and from the said River ; giving notice of what they shall herein resolve , to the Proprietors and Persons concerned , before the last day of May , which shall be in the year of our Lord One thousand six hundred sixty seven ; and giving them satisfaction for their Ground , according to the Rules and Directions of this Act for the inlarging of other Stréets and Places .

A Scheme of Proportions and Scantlings for Stories , Walls , and Timbers for the Building of lesser and larger Houses within the City of LONDON .

Brick . Division of Story . Height of Story . Thickness of Walls . Bricks . Foot Bricks . First sort , being the least Houses fronting by-streets & Lanes . Cellars 6½ To the first floor : 2 1½ 1 Story 9 2d 1½ 1½ 2 Story 9 3d 1½ 1½ Garrets 1 1 Where the Spring prevent not . 2 Cellars 6 2/1 To the first Floor . 2½ 1½ Second sort , Houses fronting all streets , lanes of note , and River of Thames . 1 Story 10 2d 2 Thickness of Walls between House and House , 1½ 2 Story 10 Thickness of Walls in Front and Reer from the Foundation . 3d 2 3 Story Not less in height clear then 9 4th 1½ 1½ Garrets 1 1 1 Story 10 1st 2½ 2 Third sort , Houses fronting all High-streets and Lanes of note . 2 Story 10½ 2d 1½ 1½ 3 Story 9 3d 1½ 1½ 4 Story 8½ 4th 1½ 1½ Garrets 1 1

Scantlings of Timber for the first sort of Houses .

Foot . Inches . Inches . For the Floors Summers under 15 12 and 8 Wall-plates 7 and 5

Foot . at foot 8 6 Inches . For the Roof Principal Rafters under 15 at top 5 Single Rafters 4 and 3 Inches .

Length . Foot . Thickness . Depth . Joysts to 10 3 & 7 Inches . Garrets-floors 3 6

Scantlings of Timber for the other two sorts of Houses . For the Floors Summers or Girders which bear in length from Foot . Foot . Breadth . Inches . Depth . Inches . Thickness . Inches . Depth . Inches . 10 to 15 11 and 8 Joysts which bear 10 Foot 3 6 15 18 13 9 3 7 18 21 14 10 3 7 21 24 16 12 3 8 24 26 17 14 3 8

Principal Discharges upon Peers In the first Story in the Fronts Inches . Inches . 13 and 12 15 13

Binding Joysts with their Trimming Joysts Thickness . Inches . 5 depth equal to their own Floors .

Wall-plates , or raising Pieces and Beams Inches . Inches . 10 and 6 8 6 7 5

Lintels of Oak in the Inches . Inches . 1st & 2d story 8 & 6 3d story 5 4

For the Roof Principal Rafters from Length . Thickness . Foot . Foot . Inches . Inches . 15 to 18 at foot 9 7 at top 7 18-21 at foot 10 8 at top 8 21-24 at foot 12 8 ½ at top 9 24-26 at foot 13 9 at top 9

Purlines from Length . Foot . Foot . Inches . Inches . 15 to 18 9 8 18-21 12 9

Single Rafters Foot . Inches . Inches . not exceeding in length 9 5 4 not exceeding in length 6 4 3 ½

Scantlings for Sawed Timber and Laths , usually brought out of the West-Countrey , not less then

Breadth . Thickness . Foot . Inches . Inch. Single Quarters in length 8 3 ½ 1 ¾ Double Quarters in length 8 4 3 ½ Sawed Joysts in length 8 6 4 Laths in length 5 1 ¼ 1 quarter & ½ of Inch. 4

Stone . Where Stone is used , to keep to these Scantlings . First sort of Houses Inches . Corner Peers 18 square Middle or single Peers 14 and 12 Double Peers between House & House 14 and 18 Door-jambs and Heads 12 and 8 2d & 3d sorts Foot . Inches . Corner Peers 2-6 — square Middle or single Peers 18 — square Double Peers between House & House 24 and 18 Doors-jambs and Heads 14 and 10

Scantlings for Sewers Foot . Thickness . 3 wide Side-walls 1 brick Bottom paved plain and then 1 brick an edge circular . 5 high Arch 1 brick on end

General Rules .

IN every Foundation within the Ground , add one Brick in thickness to the thickness of the Wall , ( as in the Scheme ) next above the Foundation , to be set off in Thrée Courses equally on both sides .

That no Timber be laid within Twelve Inches of the Foreside of the Chimney-Iambs ; And that all Ioysts on the Back of any Chimney , be laid with a Trimmer at Six Inches distance from the Back .

That no Timber be laid within the Tunnel of any Chimney , upon penalty to the Workman for every default , Ten shillings ; and Ten shillings every Wéek it continues unreformed .

That no Ioysts or Rafters be laid at greater distances from one to the other , then Twelve Inches ; and no Quarters at greater distance then Fourtéen Inches .

That no Ioysts bear at longer length then Ten Foot ; and no single Rafters at more in length then Nine Foot .

That all Roofs , Window-frames and Cellar-floors be made of Oak .

The Tile-pins of Oak .

No Summers or Girders to lie over the Head of Doors and Windows .

No Summer or Girder to lie less then Ten Inches into the Wall ; no Ioysts then Eight Inches , and to be laid in Loame .

CAP. IV.

For Relief of poor Prisoners , and setting of them on Work .

WHereas there is not yet any sufficient Provision made for the Relief and setting on work of poor and néedy persons committed to the Common Gaol for Felony and other misdemeanors , who many times perish before their Trial ; and the Poor there living idly and unimployed , become debauched , and come forth instructed in the practice of Thievery and lewdness : For remedy whereof , Be it Enacted by the Kings most Excellent Majesty , with advice and consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , and by Authority of the same , That the Iustices of the Peace of the respective Counties , How Stocks may be provided for setting the poor on work . at any their General Sessions , or the major part of them then there assembled , if they shall find it néedfull so to do , may provide Stock of such Materials as they find convenient for the setting poor Prisoners on work , in such manner , and by such ways as other County-charges by the Laws and Statutes of the Realm are and may be levied and raised ; And to pay and provide fit persons to oversée and set such Prisoners on work ; and make such Orders for Accompts of and concerning the premisses as shall by them be thought néedful , and for punishment of neglects and other abuses , and for bestowing of the Profit arising by the labour of the Prisoners so set on work for their Relief , which shall be duly observed ; And may alter , revoke , or amend such their Orders from time to time . Provided that no Parish be rated above Sir pence by the wéek towards the premisses , having respect to the respective values of the several Parishes .

And whereas sometimes by occasion of the Plague , and otherwhiles by the great number of Prisoners , great and infectious Diseases have happened among the Prisoners , Sickness and Diseases hapning among Prisoners . whereby it hath come to pass sometimes that the Iudges , Iustices and Iurors have , upon occasion of their Attendance at the Trial of Prisoners , béen infected , and many of them died thereof , and sometime such Infection hath spread in the Country : For some Remedy therein , Be it by the same Authority Enacted , That any Sheriff of the respective Counties , having the Custody of the Gaol , or such persons who have the Custody of the Goal , with the advice and consent of thrée or more Iustices of the Peace , whereof one to be of the Quorum , may , if they shall on inquiry or information find it needful , upon emergent occasions in the respective Counties , provide other safe places , for the removal of sick , or other persons , from and out of the ordinary and usual Gaols , the same places to be used and imployed for the reception and custody of the Prisoners , to be by or according to their Order or Orders kept , ordered , disposed and conveyed to the places appointed for the Gaol-delivery , in such and like manner as such Prisoners ought to be kept , ordered , disposed and conveyed in and from the Common Gaols by the Laws and Statutes of the Land . Provided no such place be made use of for the purposes aforesaid , against the good and frée will of the Owners thereof .

Provided also , and be it Enacted by the Authority aforesaid , That the Mayor , Bayliff , Removing of Prisoners . and other Head-Officer , or any other person and persons , who have and hath the Custody of the Common Gaol within any Corporation of this Kingdom and Dominion of Wales , shall by and with the advice of thrée or more Iustices of Peace within the said Corporation , whereof one of them to be of the Quorum , in time of Infection , have the like power and authority for removing his and their Prisoners into some other convenient place within their Iurisdiction , as to them shall séem fit , during the time of Infection ; And also to raise a Stock after the same rates and proportions , as is herein before allowed to and for the several Counties within this Kingdom .

Provided also , And be it further Enacted by the Authority aforesaid , as followeth , ( viz. ) That whereas there is already provided a strong and sufficient Messuage in the Parish of S. Thomas the Apostle near the City of Exon for the purpose aforesaid , Exon City . and One thousand pounds more by certain Trustees upon Proposals and Agréements made by them with cetain Gentlemen , Iustices of the Peace for the County of Devon , Devon . who have also provided One thousand pounds more in order to purchase Lands of Inheritance for the good purposes hereafter mentioned : Be it Enacted by the Authority aforesaid , That the said Two thousand pounds be laid out in purchase of Lands of Inheritance , by Order of the General Sessions of the Peace hereafter at any time to be held , in the name of such persons as by such Order shall be appointed . Item , That the said House , with the Grounds therewith inclosed , be had and used as a Common Gaol and Workhouse for the said County , in manner as is after expressed . Item , That an Overséer be therein placed by like Order , and by like Order be removeable from time to time ; which Overseer shall have the charge , custody and government of the Prisoners to him committed according to this Act , and shall have Fifty pounds per annum during the execution of his Office , and Ten pounds per annum for his Deputy ; but shall therefore take no fées for receiving , delivering or doing any other service relating to the Prisoners , from or of any the said Prisoners . Item , That the said Iustices by like Order from time to time shall and may , by approbation of the Ordinary , provide and appoint some méet and discréet Minister to read Divine Service according to the Orders of the Church of England unto the Prisoners , at least four days in the wéek , That is to say , on the Lords day , each Wednesday , and each Friday and Saturday , and oftner , if the said Iustices shall appoint , and to take pains in instructing them each Lords day at the least , for which they may allow him Thirty pounds per annum , or after that rate , the rest of the Profits to be for Repairing the House , and towards finding a Stock for to set the Prisoners on work . Item , That any person charged with such offence onely for which Clergy is allowable , if so be he be néedy and indigent , and not likely to maintain himself in Gaol , may by Warrant of the Iustice or Iustices of the Peace to whom Iurisdiction in that behalf appertaineth , be committed to the said Workhouse in order to his Trial ; and if any person shall be committed to the ordinary Gaol , who shall be or become so indigent , he may by Warrant of thrée Iustices of Peace , whereof one to be of the Quorum , be removed from the ordinary Common Gaol to the said House ; All which Prisoners so committed or removed , shall be in the custody of the Overséer , and be ordered and demeaned in the said House , and conveyed to the Sessions , or to the Gaol-delivery , by like Warrant , way and means , as the Prisoners in other Gaols by the Laws and Statutes of this Realm are to be ordered and demeaned .

And because the said Workhouse is distant from the Ordinary Common Gaol , the Prisoners by Order from the Sessions or Gaol-delivery may , in order to their Trials , be removed to the Common Gaol , to be the more ready for their Trials . Item , That the said Overséer shall give Security for the Stock , and be liable to such Regulations and Orders for Accompts and otherwise , as the Sessions shall from time to time make for setting the poor Prisoners on work there , which shall be obeyed and observed . That a convenient Stock be from time to time raised at the Charge of the County . Item , That the said Iustices of the County in Devon may put in ure all the powers in this Act , as other Iustices may in any other County by vertue thereof .

Saving to the Kings Majesty , His Heirs and Successors , and to every other person and persons , and their Heirs , Successors , Executors and Administrators , all Rights , Titles , Claims and Demands whatsoever , into or out of the said Messuages and Premisses , as if this Act had never béen made .

CAP. V.

A former Act concerning Replevins and Avowries , to extend to the Principality of Wales and the County Palatines .

1. Car. 2. cap. 7. WHereas by an Act of Parliament , Entituled , An Act for the more speedy and effectual proceeding upon Distresses and Avowries for Rents , Provision is made where any Plaintiff shall Nonsuit before Issue joyned in any Suit or Replevin , by Plaint or Writ lawfully returned , removed or depending in any of the Kings Courts at Westminster : Be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in this present Parliament assembled , That the said Act , and all the Powers and Provisions thereby made for causes of Replevins depending in His Majesties Courts of Westminster , shall be extended , and be of the same force and efficacy in all causes of Replevin , which are or shall be depending in His Majesties Court of Common Pleas for the County Palatine of Lancaster , Lancaster . Wales . Chester . the Courts of the Great Sessions of His Majesties Principality of Wales , the Court of Great Sessions or Assizes for the County Palatine of Chester , and the Court of Common Pleas for the County Palatine of Durham , as fully and as amply for and during the continuance of the said Act , as if the said Courts had been mentioned therein .

CAP. VI.

A Redress of Inconveniencies by want of Proof of the Deceases of Persons beyond the Seas , or absenting themselves , upon whose Lives Estates do depend .

VVHereas divers Lords of Mannors and others have used to grant Estates by Copy of Court-Roll for one , two , or more life or lives , according to the Custome of their several Mannors ; and have also granted Estates by Lease for one or more life or lives , or else for years determinable upon one or more life or lives ; And it hath often happened , that such person or persons for whose life or lives such Estates have béen granted , have gone beyond the Seas , or so absented themselves for many years , that the Lessors and Reversioners cannot find out whether such person or persons be alive or dead , by reason whereof such Lessors and Reversioners have béen held out of possession of their Tenements for many years , after all the lives upon which such Estates depend , are dead ; in regard that the Lessors and Reversioners when they have brought Actions for the recovery of their Tenements , have béen put upon it to prove the death of their Tenants , when it is almost impossible for them to discover the same :

For remedy of which mischief so frequently happening to such Lessors or Reversioners , Be it Enacted by the Kings most Excellent Majesty , by and with the advice and consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament assembled , and by the Authority of the same , Persons beyond the Seas , or absenting themselves for seven years . That if such person or persons for whose life or lives such Estates have béen , or shall be granted as aforesaid , shall remain beyond the Seas , or elsewhere absent themselves in this Realm by the space of Seven years together , and no sufficient and evident proof be made of the lives of such person or persons respectively , in any Action commenced for recovery of such Tenements by the Lessors or Reversioners , in every such case the person or persons upon whose life or lives such Estate depended , shall be accounted as naturally dead ; And in every Action brought for the recovery of the said Tenements by the Lessors or Reversioners , their Heirs or Assigns , The Iudges before whom such Action shall be brought , shall direct the Iury to give their Verdict , as if the person so remaining beyond the Seas , or otherwise absenting himself , were dead . What shall be a good challenge to Iurors upon tryal of Lives in being .

And be further Enacted , That in any such Action wherein the life or death of any such person or persons shall come in question betwéen the Lessor or Reversioner , and the Tenant in possession , it shall and may be lawful for the Lessor or Reversioner to take exception to any of the Iurors returned for the trial of that cause , that the greatest part of the real Estate of any of such Iurors is held by Lease or Copy for lives , who upon proof thereof shall be set aside as in case of other legal challenges .

Provided always , and be it Enacted by the Authority aforesaid , Proviso for Lands held by lives of certain Traytors attainted . That nothing in this Act contained shall extend to any Lands held by the life or lives of any person or persons attainted of Treason for the horrid murder of his late Majesty of blessed memory , who now conceal or hide themselves , which Lands are or have béen vested in His Majesty , and are now granted to his Royal Highness the Duke of York , but that the course of Evidence heretofore used in such cases shall be had and used ; Any thing to the contrary in this Act notwithstanding .

Provided always , and be it Enacted , Proviso for persons evicted by this not being in truth dead . That if any person or persons shall be evicted out of any Lands or Tenements by vertue of this Act , and afterwards if such person or persons upon whose life or lives such Estate or Estates depend , shall return again from beyond the Seas , or shall on proof in any Action to be brought for recovery of the same , be made appear to be living , or to have béen living at the time of the Eviction , That then , and from thenceforth the Tenant or Lessée , who was outed of the same , his or their Executors , Administrators or Assigns , shall or may re-enter , re-possess , have , hold and enjoy the said Lands or Tenements in his or their former Estate , for and during the life or lives , or so long term as the said person or persons , upon whose life or lives the said Estate or Estates depend , shall be living ; and also shall upon Action or Actions to be brought by him or them against the Lessors , Reversioners or Tenants in possession , or other persons respectively , which since the time of the said Eviction received the Profits of the said Lands or Tenements , recover for damages the full Profits of the said Lands or Tenements respectively , with lawfull Interest for and from the time that he or they were outed of the said Lands or Tenements , and kept or held out of the same by the said Lessors , Reversioners , Tenants or other persons , who after the said Eviction received the Profits of the said Lands or Tenements , or any of them respectively , aswell in the case when the said person or persons , upon whose Life or Lives such Estates or Estates did depend , are or shall be dead at the time of bringing of the said Action or Actions , as if the said person or persons were then living .

CAP. VII .

Disturbances of Seamen and others prevented , and to preserve the Stores belonging to His Majesties Navy Royal.

WHereas divers Fightings , Quarrelings and Disturbances do often happen in about His Majesties Offices , Yards and Stores for His Majesties Royal Navy , 16 Car. 2. cap. 5. and frequent Differences and Disorders are occasioned in the Office of His Majesties Treasury of the Navy on Pay-days , in London , Portsmouth , and other places of méeting for the Service of the said Navy ; And that either by the unreasonable Turbulency of Seamen and others , attending on , Turbulency of Seamen . or relating to that Service , or their Creditors , or by the rudeness of the Officers intrusted with His Maiesties Stores on Land , or in His Royal Ships , when they are questioned by the Principal Officers and Commissioners of the said Navy , either for neglect or Imbezelment of His Majesties Provisions , Ammunition , or other Equipage of the Navy under their Charge ; and that not onely to the disturbance of the Peace , but sometimes to the danger and hindrance of His Majesties Service , both in point of husbanding His Majesties Revenue , and also on the dispatch of the Ships , on which the Honour and Safety of His Majesty and Kingdom so much depends ; Which inconveniencies require a spéedie remedy then the ordinary attendance on the Sessions of Peace can give ; the Parties Accused or Offending , being many times bound to Sea , and the Principal Officers and Commissioners for want of Authority to suppress such Insolencies , and determine such Cases , being necessitated to pass by many Offences , in which His Majesty might be righted , if their necessary attendance on that important Service would permit the prosecution of the Offenders before other ordinary Iudicatures .

Be it therefore Enacted by the Kings most Excellent Majesty , with the Advice and Consent of the Lords Spiritual and Temporal , and Commons in Parliament assembled , and by the Authority of the same , Who may examine and punish offences and disturbances committed by Seamen relating to the Navy . That the Treasurer , Comptroller , Surveyor , Clerk of the Acts , and the Commissioners of the Navy for the time being , or any one or more of them , have power and authority to examine and punish all such person and persons whom they upon their enquiry , examination , or on view in their presence , shall find hereafter to make , or have made any Disturbance , Fighting or Quarrelling in the Yards , Stores or Offices aforesaid , at Pay-days , or on other occasions relating to the Naval Services , in such manner as followeth , ( That is to say ) That they , or any one or more of them , may punish any the said Offences , by Fine , Imprisonment , or either of them , the Fine not excéeding Twenty shillings , and Imprisonment not excéeding one week ; And have power in such cases to commit such persons to the next Gaol , or to the custody of the Messenger or Messengers for the time being attendant on them , who respectively are to receive and detain such person so offending : And that the said principal Officers and Commissioners , or the greater number of them then present , have power to discharge such Fine or Imprisonment , if they think fit ; And for non-payment of the Fine so imposed and not remitted , to Imprison the Party offending , until payment thereof ; which said Fines shall be paid to the Clerk of the Chest , for the use of the maimed Seamen ; And that the examination of Witnesses be upon Oath before him or them , which they , any one or more of them are accordingly impowred to Administer .

And it is further by Authority aforesaid Enacted , That the said Officers and Commissioners , or any one or more of them ( in cases where greater example or punishment is néedful ) may also bind the person or persons so offending , to their good behaviour , with or without Securities , as occasion shall be .

Imbezeling of Stores and Ammunition of the Navy . And whereas divers of His Majesties Stores and Ammunition pertaining to His Navy and Shipping , or Service thereof , are imbezelled or filched away , It is by the like Authority Enacted , That the said Principal Officers and Commissioners , or any one or more of them , by Warrant under their Hands and Seals , have power in like manner to inquire and search for the same in all places , as Iustices of Peace may do in case of Felony , and punish the Offenders by such Fine and Imprisonment as aforesaid , and cause the Goods to be brought in again : And if the Offence be of such nature as doth require an higher and severer punishment , Then that they , any one or more of them may commit such Offender to the next Gaol , or to the custody of their Messenger or Messengers aforesaid , till he or they offending enter into Recognizance , with Surety or Sureties , according to the nature of the Offence , to appear and answer to the same in His Majesties Court of Exchequer , or other Court where His Majesty shall question him or them for the same , within one year following , on Process duly served for that purpose on such Offender or Offenders .

And it is Declared and Enacted by the Authority aforesaid , That they the said Principal Officers and Commissioners , or any one or more of them , may put in use the said Powers on the Offenders as aforesaid , in all places where they hold an Office for His Majesty , as well within Liberties as without ; Any Law , Statute , Ordinance , Charter or Priviledge to the contrary notwithstanding .

Encouragement of Mariners and Souldiers serving in the Fleet. And for the better encouraging of such Mariners and Souldiers as now do , or shall serve His Majesty in His Fléet or Ships during this War , Be it further Enacted by the Authority aforesaid , That no Ordinary , Register or other Officer belonging to any Ecclesiastical Court , or Court of Orphans , or any Iurisdiction whatsoever within the Kingdom of England , or Dominion of Wales , or Town of Berwick , shall take or receive of the Executor or Administrator , Executors or Administrators of any Mariner or Souldier dying in the pay of His Majesties Navy during this present War , above the sum of Twelve pence for the Probate of any Will , Registring the same , granting Letters of Administration , exhibiting any Inventory , or for any other matter or thing relating thereunto ; And for every default herein by wilful delay in the doing , granting , or executing the Premisses , the person or persons so offending , shall forfeit to the party grieved the sum of Ten pounds , to be recovered by Action of Debt , Bill , Plaint or Information in any of His Majesties Courts of Record at Westminster , or elsewhere , wherein no Essoign , Priviledge , Protection or Wager of Law shall be allowed ; Any Law or Statute , or Vsage to the contrary notwithstanding .

The Continuance of this Act. This Act to continue for Two years , from the First day of February , One thousand six hundred sixty and six ; and from thence to the end of the next Session of Parliament .

CAP. VIII .

Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings granted to the Kings Majesty , towards the Maintenance of the present War .

VVE Your Majesties most Dutiful and Loyal Subjects the Commons assembled in Parliament , as a further Aid and Assistance of Your Majesty during the present Wars , have given and granted , and by these presents do give and grant unto Your most Excellent Majesty the sum of Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings , to be raised and levied in manner following : And we do most humbly beseech Your Majesty that it may be Enacted , and be it Enacted by the Kings most Excellent Majesty , by and with the Advice and Consent of the Lords Spiritual and Temporal , and of the Commons in this present Parliament assembled , and by the Authority of the same , That the sum of Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings , shall be raised , levied and paid unto Your Majesty within the space of eleven Moneths , in manner following , that is to say ;

Whereas in and by a certain Act of Parliament lately passed , Entituled , 16 & 17 Car. 2. cap. 1. An Act for granting a Royal Aid unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds , to be raised , levied and paid in the space of three years , It was amongst other things Enacted , That the sum of threescore and eight thousand eight hundred and nineteen pounds and nine shillings by the Moneth for thirty six Moneths , from the five and twentieth day of December , One thousand six hundred sixty four , should be assessed , taxed , collected , levied and paid by twelve quarterly payments , in the several Counties , Cities , Boroughs , Towns and places within England and Wales and the Town of Berwick upon Tweed , according to the several Rates and Proportions , and in such manner as in the said Act is expressed . And whereas also in and by one other Act of Parliament passed in the Sessions of Parliament lately held at Oxford , Entituled , 17 Car. 2. c. ● . An Act for granting the sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for his present further Supply ; It was amongst other things further Enacted , That the sum of fifty two thousand fourscore and three pounds six shillings eight pence by the Moneth , for twenty four Moneths , beginning from the five and twentieth day of December , One thousand six hundred sixty and five , should be likewise assessed , taxed , collected , levied and paid by eight Quarterly payments , in the several Cities , Boroughs , Towns and places within England and Wales and the Town of Berwick upon Tweed , over and above the said sum of threescore and eight thousand eight hundred and nineteen pounds and nine shillings , as an addition to , and increase of the said Monethly Assessment , according to the Rates and Proportions therein expressed ; Both which sums together , amount unto the sum of one hundred and twenty thousand nine hundred and two pounds fifteen shillings eight pence by the Moneth . And whereas also in and by one other Act of Parliament passed in the same Sessions , Entituled , An Act for Granting One Monethly Assessment to His Majesty ; It was amongst other things Enacted , That the Sum of one hundred and twenty thousand nine hundred and two pounds fifteen shillings and eight pence for one Moneths Assessment , beginning upon the six and twentieth day of December , One thousand six hundred sixty and seven , and ending upon the six and twentieth day of January in the same year , should be assessed , taxed , collected , levied and paid in the several Counties , Cities , Boroughs , Towns and places within England and Wales and the Town of Berwick upon Tweed , according to the rates and proportions therein expressed :

It is now further Enacted by the Authority aforesaid , That the sum of one hundred and fourtéen thousand two hundred and thirteen pounds eight shillings five pence half-peny by the Moneth , for eleven Moneths , beginning from the six and twentieth day of January One thousand six hundred sixty and seven , shall be assessed , taxed , collected , levied and paid by four payments , in the several Counties , Cities , Boroughs , Towns and places within England and Wales and the Town of Berwick upon Tweed , according to the rates , rules and proportions , and in such manner as herein hereafter is expressed : That is to say , For every of the said eleven moneths .

FOr the County of Bedford , the sum of One thousand five hundred seventy five pounds twelve shillings six pence farthing .

For the County of Berks , the sum of One thousand nine hundred eighty nine pounds four shillings nine pence three farthings .

For the County of Bucks , Two thousand three hundred and ten pounds fourtéen shillings thrée pence .

For the County of Cambridge , One thousand seven hundred ninety one pounds eightéen shillings one peny half-peny .

For the Isle of Ely , Six hundred and fourtéen pounds thirtéen shillings nine pence .

For the County of Chester , One thousand three hundred thirty seven pounds five shillings five pence .

For the City and County of the City of Chester , the sum of threescore and ten pounds seven shillings eight pence .

For the County of Cornwal , the sum of two thousand seven hundred and seven pounds seven pence farthing .

For the County of Cumberland , the sum of two hundred ninety and five pounds thirteen shillings four pence farthing .

For the County of Derby , the sum of one thousand five hundred and fifteen pounds one shilling three pence three farthings .

For the County of Devon , the sum of five thousand six hundred seventy four pounds five shillings eleven pence farthing .

For the City and County of the City of Exon , the sum of two hundred and four pounds eight shillings six pence half-peny .

For the County of Dorset , the sum of two thousand three hundred sixty two pounds two pence half-peny .

For the Town and County of Pool , the sum of nineteen pounds five shillings eleven pence farthing .

For the County of Durham , the sum of five hundred sixty eight pounds eightéen shillings two pence farthing .

For the County of York with the City and County of the City of York , and Town and County of Kingstone upon Hull , the sum of six thousand ninety four pounds thirtéen shillings nine pence three farthings .

For the County of Essex , the sum of five thousand four hundred forty three pounds four shillings eleven pence three farthings .

For the County of Gloucester , the sum of three thousand one hundred seventy seven pounds two shillings nine pence farthing .

For the City and the County of the City of Gloucester , the sum of threescore and nine pounds four shillings three pence farthing .

For the County of Hereford , the sum of one thousand nine hundred eighty eight pounds one shilling five pence three farthings .

For the County of Hertford , the sum of two thousand three hundred sixty four pounds five shillings eight pence half-peny .

For the County of Huntingdon , the sum of one thousand one hundred and thirteen pounds five shillings six pence .

For the County of Kent with the City and County of the City of Canterbury , the sum of five thousand eight hundred forty four pounds thirteen shillings two pence half-peny .

For the County of Lancaster , the sum of one thousand seven hundred sixty eight pounds nine shillings ten pence half-peny .

For the County of Leicester , the sum of one thousand nine hundred and five pounds eleven shillings nine pence three farthings .

For the County of Lincoln with the City and County of the City of Lincoln , the sum of four thousand five hundred twenty three pounds seventeen shillings two pence farthing .

For the City of London with the Liberties of St. Martins le Grand , the sum of two thousand two hundred fifty five pounds ten shillings and two pence .

For the County of Middlesex with the City and Liberty of Westminster , the sum of three thousand nine hundred thirty six pounds ten pence .

For the County of Monmouth , the sum of six hundred eighty five pounds two shillings nine pence three farthings .

For the County of Northampton , the sum of two thousand four hundred eighty three pounds eightéen shillings three pence farthing .

For the County of Nottingham with the Town and County of the Town of Nottingham , the sum of one thousand five hundred thirty four pounds seven shillings two pence half-peny .

For the County of Norfolk , the sum of five thousand nine hundred twenty one pounds seven shillings four pence farthing .

For the City and County of the City of Norwich , the sum of three hundred and sixteen pounds four shillings four pence farthing .

For the County of Northumberland with the Town of Newcastle and Berwick upon Tweed , the sum of six hundred fifty four pounds seventéen shillings eleven pence farthing .

The County of Oxon , the sum of one thousand nine hundred ninety four pounds seventeen shillings four pence farthing .

The County of Rutland , the sum of four hundred twenty two pounds eight shillings one peny farthing .

The County of Salop , the sum of two thousand one hundred and fourteen pounds twelve shillings eight pence farthing .

The County of Stafford , the sum of one thousand four hundred ninety seven pounds fifteen shillings nine pence half-peny .

The City and County of the City of Litchfield , the sum of twenty two pounds sixtéen shillings nine pence farthing .

The County of Somerset , the sum of four thousand eight hundred sixty eight pounds eighteen shillings ten pence three farthings .

The City and County of the City of Bristol , the sum of three hundred and fifty pounds six shillings six pence farthing .

The County of Southampton with the Town and County of Southampton and Isle of Wight , the lum of three thousand eight hundred forty six pounds six shillings seven pence .

The County of Suffolk , the sum of five thousand seven hundred ninety four pounds fiftéen shillings three pence farthing .

The County of Surrey with the Borough of Southwark , the sum of two thousand eight hundred and five pounds eleven shillings six pence half-peny .

The County of Sussex , the sum of three thousand one hundred ninety nine pounds fifteen shillings one peny three farthings .

The County of Warwick , with the City and County of the City of Coventry , the sum of two thousand and ninety four pounds fifteen shillings and eleven pence .

The County of Worcester , the sum of one thousand eight hundred fifty one pounds ten shillings and ten pence .

The City and County of the City of Worcester , the sum of ninety seven pounds nine shillings and three farthings .

The County of Wilts , the sum of three thousand four hundred fifty five pounds seven shillings one peny half-peny .

The County of Westmerland , the sum of two hundred and three pounds fifteen shillings eight pence half-peny .

The Isle of Anglesey , the sum of two hundred and twenty pounds fifteen shillings and ten pence .

The County of Brecknock , the sum of four hundred ninety six pounds six shillings six pence .

The County of Cardigan , the sum of one hundred eighty five pounds sixteen shillings and eleven pence three farthings .

The County of Carmarthen , the sum of four hundred and seventy eight pounds ten shillings three pence half-peny .

The County of Carnarvan , the sum of two hundred fifty seven pounds eleven shillings three farthings .

The County of Denbigh , the sum of three hundred ninety two pounds thirteen shillings eight pence half-peny .

The County of Flint , the sum of two hundred and eight pounds sixteen shillings three pence three farthings .

The County of Glamorgan , the sum of six hundred and sixty five pounds fourteen shillings one peny three farthings .

The County of Merioneth , the sum of one hundred seventy seven pounds one shilling nine pence three farthings .

The County of Mountgomery , the sum of four hundred eighty five pounds eighteen shillings eight pence .

The County of Pembrook , the sum of five hundred seventy three pounds eleven shillings seven pence three farthings .

The County of Radnor , the sum of three hundred and six pounds five shillings two pence three farthings .

The Town of Haverford-West , the sum of twenty six pounds and thirteen shillings .

And be it further Enacted by the Authority aforesaid , That all and every the persons who are nominated in and by the said first recited Act , and in and by an Act passed this present Session of Parliament , Entituled , An Act for Raising Money by a Poll , and otherwise , 18 Car. 1. c. ● . towards the Maintenance of the present War , to be Commissioners of and for the several and respective Counties , Cities , Boroughs , Towns and Places therein , or in either of them mentioned , shall likewise be so , and so are hereby appointed to be Commissioners for execution of this present Act , within the several and respective Counties , Cities , Boroughs , Towns and Places for which they were nominated in the aforesaid Acts or either of them , and shall have and execute the like power and authority , rules and directions touching the better Assessing , Collecting , Levying , Receiving and Paying the said one hundred and fourteen thousand two hundred and thirteen pounds thirteen shillings half-peny by the moneth , during the said eleven moneths , as in and by the said first mentioned Act were given to the said Commissioners , touching the better Assessing , Collecting , Receiving and paying the threescore and eight thousand eight hundred and nineteen pounds nine shillings by the moneth , payable as aforesaid : And all and every person or persons who shall be lyable unto , or any ways concerned or imployed in the Assessing , Collecting , Levying , Receiving or paying any of the moneys by this Act imposed , shall have like benefit , advantages , allowances and discharges , and shall be subject to like penalties and forfeitures in case of any neglect or refusal to pay their respective Assessments , or to perform their respective Duties , as any other person or persons lyable unto , or concerned or imployed in the assessing , collecting , levying , receiving or paying any of the moneys by the said former Acts imposed , ought to have or be subject unto , as fully and amply as if the same Clauses , matters and things had been in this Act particularly repeated and Enacted .

To the end that the said eleven Monethly Assessments granted by vertue of this present Act , may be duly answered and paid in as aforesaid ; Be it further Enacted , That the several Commissioners shall meet together at the most usual and common place of meeting as in the said first recited Act is directed , The meeting of the Commissioners . on or before the second Tuesday in February , which shall be in the year of our Lord one thousand six hundred sixty seven , to put this Act in execution according to the best of their judgments and discretions ; and shall then , if they see cause , sub-divide as well themselves as others , as by the said Act is further directed concerning the said former Assessment : And further , That they meet at least three weeks before each payment of the said several Assessments , for the purposes aforesaid . And that the said payments of one hundred and fourteen thousand two hundred and thirteen pounds eight shillings and five pence half-peny by the Moneth , shall be assessed , collected , levied and paid to the Receiver of the several Counties appointed , or that shall be appointed by his Majesty , and by them answered and paid into his Majesties Exchequer on the dayes and times hereafter mentioned and expressed ; Be it Enacted by the Authority aforesaid , That the sum of two hundred twenty eight thousand four hundred twenty six pounds sixteen shillings and eleven pence , being the first payment for the first two Moneths of the aforesaid eleven Moneths hereby imposed , shall be assessed , collected , levied and paid in to the said Receiver-General of the said several Counties , who shall be appointed by his Majesty , and who are hereby required to transmit or cause the same to be paid into his Majesties Receipt of his Exchequer , on or before the first day of May in the year of our Lord one thousand six hundred sixty and eight . And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny , being the second payment of the said eleven Moneths , on or before the first day of August in the year of our Lord one thousand six hundred sixty and eight . And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny , being the third payment of the said eleven Moneths , on or before the first day of November in the year of our Lord one thousand six hundred sixty and eight . And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny , being the fourth and last payment of the said eleven Moneths , on or before the first day of February in the year of our Lord one thousand six hundred sixty and eight .

Moneys lent upon this Act secured . And to the intent that all moneys to be lent to your Majesty , and the moneys that shall be due upon such contracts for Wares , Ships , Goods or Victuals , or other necessaries , which shall be delivered for your Majesties Service upon the Credit of this Act , by any person or persons , native or foreigner , Bodies Politick or Corporate , may be well and sufficiently secured out of the Moneys arising and payable thereby ; Be it further Enacted by the Authority aforesaid , That there shall be provided and kept in your Majesties Exchequer , to wit , in the Office of the Auditor of the Receipt one Book or Registry , in which all Moneys that shall be paid into the Exchequer , arising or payable by this Act , shall be entred and registred apart and distinct from all other Moneys paid or payable to your Majesty , or to your Heirs or Successors upon any other branch of your Revenue , or upon any other account whatsoever ; And that there be one other Book or Registry provided and kept in the said Office , of all Orders and Warrants to be made by the Lord Treasurer or Vnder-Treasurer , or by the Commissioners of the Treasury for the time being , for payment of all and every sum and sums of Moneys to all persons , for Moneys lent , Wares , Goods or Victuals , or other necessaries bought , or Ships hired , or other payments directed by your Majesty , relating to the Service of this War , upon the Moneys arising and payable by this Act , and that no Moneys levyable by this Act be issued out of the Exchequer , but by such Order or Warrant mentioning that the Moneys payable by such Order or Warrant are for the service of your Majesty in the said War respectively during the said War . That also there be the like Book or Registry provided and kept by the said Auditor , of all Moneys paid out or issued , by vertue of such Orders and Warrants , and that it shall be lawful for any person or persons , willing to lend any Moneys , or to furnish any Wares , Victuals , Ships , Goods or other necessaries , on the Credit of this Act , at the usual times when the Exchequer is open , to have access unto , and view and peruse all or any of the said Books , for their information of the state of those moneys , and all ingagements upon them for their better encouragement to lend any moneys or furnish any Goods , Wares , Victuals , Ships or other necessaries as aforesaid : And that the Auditor of the Receipt , his Deputy or Clerk , shall be assistant to such persons for their better and speedier satisfaction in that behalf . And that all and every person and persons , who shall lend any moneys to your Majesty , and pay the same into the Receipt of the Exchequer , shall immediately have a Tally of Loan struck for the same , and an Order for his repayment bearing the same date with his Tally , in which Order shall be also contained a Warrant for payment of Interest for forbearance after the rate of six per cent . per annum for his consideration , to be paid every six Moneths , until the repayment of his Principal : And that all person and persons who shall furnish your Majesty , your Officers of the Navy or Ordnance , with any Wares , Goods , Ships , Victuals or any other necessaries for the service aforesaid , shall upon Certificate of the Commissioners and Officers of the Navy , or of the Master or Commissioners and Officers of the Ordnance or some of them , without delay , forthwith have made out to them Warrants or Orders for the payment of the moneys due or payable unto them , which Certificates the said Officers of your Navy , Commissioners and Officers of the Ordnance shall make without fée , charge or delay ; And that all Orders for repayment of moneys lent , shall be Registred in course according to the date of the Tallies respectively , and that all Orders signed by the Lord Treasurer and Vnder-Treasurer of the Exchequer , for payment of moneys for Goods , Wares and Victuals , and other necessaries furnished to your Majesty , your Officers , Master or Commissioners as aforesaid , shall be Registred in course , according to the time of bringing to the Office of the Auditor of Receipt the Certificates above mentioned , and that all Orders so signed for Payments directed by his Majesty , shall be entred in course according to their respective Dates , and none of the sorts of Orders above mentioned , either for Loans of moneys , supplies of Wares , Goods , Victuals , Ships or other necessaries , or by special direction , shall have preference one before another , but shall all be entred in their course according to the dates of the Tallies , the times of bringing the Certificates , and the dates of the Orders for payment directed by his Majesty , as they are in point of time respectively before each other ; And that all and every person and persons shall be paid in course according as their Orders shall stand entred in the said Register-book , Be it Orders for payments directed by his Majesty , or for moneys lent , or for Wares , Commodities or other necessaries furnished as aforesaid : So as that person , his Executors , Administrators and Assigns , who shall have his Warrant or Order , Warrants or Orders first entred in the said Book of Registry , shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act , and he or they that shall have his or their Warrants or Orders , Warrant or Order next entred , shall be taken and accounted the second person to be paid , and so successively and in course . And that the moneys to come in by this Act , shall be in the same order lyable to the satisfaction of the said respective parties , their Executors , Administrators or Assigns , Native or Foreigner successively , without preference of one before another and not otherwise , and not be divertible to any other use , intent or purpose , upon any account or reason whatsoever . And that no Fee , Reward or Gratuity , directly or indirectly , be demanded or taken of any your Majesties Subjects for providing or making such Books , Registers , Entries , Views , Search , Certificate , in or for payment of money lent or the Interest thereof , or for payment of any money upon any Order upon any Contract for Wares and Goods furnished to the use of your Majesties Navy and Ordnance as aforesaid , by any of your Majesties Officer or Officers , their Deputies or Clerks , on pain of payment of treble damages to the party grieved by the party offending , with costs of Suit ; And if the Officer himself take or demand any such Fée or Reward , then to lose his place also ; And if any undue preference of one before another shall be made either in point of Registring contrary to the true meaning of this Act , by any such Officer or Officers , then the party offending shall be lyable by Action of Debt or on the Case , to pay the value of the Debt , Damages and Costs to the party grieved , and shall be forejudged from his Place or Office ; And if such preference be unduly made by any his Deputy or Clerk , without direction or privity of his Master , then such Deputy or Clerk only shall be liable to such Action , Debt , Damages and Costs , and shall for ever after be incapable of the same : And in case the Auditor shall not direct the Order , or the Clerk of the Pells Record , or the Teller make payment according to each persons due place and order , as afore directed ; then he or they shall be judged to forfeit , and their respective Deputies and Clerks herein offending , be lyable to such Action , Debt , Damages and Costs , in such manner as aforesaid .

Provided always , and it is hereby declared , That if it happen that several Tallies of Loan , or Certificates for Wares delivered , or Orders for Payments from his Majesty as aforesaid , bear date , or be brought the same day to the Auditor of the Exchequer , to be Registred ; then it shall be interpreted no undue preference which of these he enters , so he enter them all the same day .

Provided also , That it shall not be interpreted any undue preference to incur any penalty in point of payment , if the Auditor direct , and the Clerk of the Pells Record , and the Teller do pay subsequent Orders of persons that come to demand their money , and bring their Orders before other persons that did not come to demand their money , and bring their Orders in their course , so as there be so much money reserved as will satisfy their Orders , which shall not be otherwise disposed , but kept for them , Interest upon Loan being to cease from the time the money is so reserved and kept in Bank for them .

And be it further Enacted by the Authority aforesaid , That every person or persons to whom any money shall be due by vertue of this Act , after Warrant or Order entred for payment thereof , his Executors , Administrators or Assigns , by Indorsement of his Order or Warrant , may assign and transfer his interest and benefit of such Warrant to any other ; which being notified , and an Entry and Memorial thereof also made in the said Registry for Warrants ( which the Officer shall on request , without Fees or Charge , accordingly make ) shall entitle such an Assignée , his Executors , Administrators and Assigns , to the benefit thereof and payment thereon : And such Assignée may in like manner assign again , and so Toties quoties ; And afterwards it shall not be in the power of such person or persons who have made such Assignments , to make void , release or discharge the same , or the moneys thereby due , or any part thereof .

Provided always , and be it further Enacted by the Authority aforesaid , That the sum of three hundred and eighty thousand pounds shall be charged and registred in the Book of Register appointed by this Act to be kept in the Office of the Auditor of the Receipt of the Exchequer , to be paid to the Treasurer of the Navy for the time being , out of the money payable for the last ten moneths of the eleven moneths Assessment granted by this Act for the Salaries and Wages of such Officers , Seamen , Mariners and Souldiers as are or shall be imployed aboard your Majesties Navy for this present Winter , beginning at the first day of January one thousand six hundred sixty six , and aboard your Majesties Navy for the Summer , in the year of our Lord one thousand six hundred sixty seven . The said three hundred and eighty thousand pounds to be charged and registred as aforesaid in manner and form following : ( that is to say ) When Orders shall be first registred for one hundred thousand pounds for the Service of the War , to be paid out of the money arising upon the said ten moneths in course , as is by this Act directed and prescribed ; That then , and immediately after , one or more Orders shall be registred for the payment of two hundred thousand pounds , part of the three hundred and eighty thousand pounds above mentioned , to the Treasurer of the Navy , to be by him imployed for the paying of the Wages of Officers , Mariners , Seamen and Souldiers as is above mentioned . And when Orders shall be registred for one hundred thousand pounds more for the Service of the War , upon the said ten moneths ; then and immediately after , one or more Orders shall be registred for the sum of one hundred thousand pounds more in further part of the three hundred and eighty thousand pounds above mentioned : And when Orders shall be registred for one hundred thousand pounds more for the Service of the War , then and immediately after , one or more Orders shall be registred for the sum of eighty thousand pounds , in full of the three hundred and eighty thousand pounds above mentioned : Which said sums of two hundred thousand pounds , one hundred thousand pounds and eighty thousand pounds , shall be paid in course as they stand registred , according to the rules and directions , and under the penalties upon the Officers of the Exchequer , their Deputies and Clerks , prescribed and contained in the Proviso of this Act for Registring and paying in course .

And it is hereby further Enacted , That if the Treasurer of the Navy do divert or imploy the said three hundred and eighty thousand pounds , or any part thereof , to any use or service whatsoever , other then for the payment of the Salaries and Wages of such Officers , Seamen , Mariners and Souldiers as shall be imployed aboard your Majesties Navy as aforesaid , until the said Wages and Salaries shall be fully and entirely paid and discharged ; That then , and in such case , he shall forfeit treble the value of the money diverted or imployed contrary to the intent and meaning hereof , to be recovered in any of his Majesties Courts at Westminster , by Action of Debt , Bill , Plaint or Information , wherein no Essoin , Protection , Wager of Law , Aid Prayer , Priviledg , Injunction or Order of Restraint shall be in any wise granted or allowed , nor any more then one Imparlance : One moyety whereof to be to such person as shall sue for the same , and the other moyety to your Majesty , your Heirs and Successors .

Provided always , and be it Enacted by the Authority aforesaid , That whatever moneys shall be wanting , or fall short of the twelve hundred and fifty thousand pounds granted by an Act of this present Parliament , Entituled , An Act for granting the sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for his present further Supply , towards the paying in course the several sums of money registred for the Service of the present War , according to the Power and Direction of the said Act , shall be supplied and paid out of the first moneys granted by this Act , and payable for and in the first moneth therein mentioned and granted , Any thing in this Act to the contrary in any wise notwithstanding .

And be it further Enacted by the Authority aforesaid , That the Treasurer of his Majesties Navy , for himself , his Deputies and Clerks , shall receive and retain only the sum of one peny in the pound and no more : And the Lieutenant or Treasurer of his Majesties Ordnance , for himself and his Clerk , shall likewise receive and retain onely one peny in the pound and no more , out of all the moneys raised , borrowed , and paid unto , and issued out by either of them to any person or persons , by vertue and in pursuance of this Act , to be allowed in their respective Accounts thereof .

Provided always , and be it Enacted by the Authority aforesaid , That if any person being a Receiver of moneys due upon any former Act of this present Parliament , not having accounted for all the moneys by him received , and to be accounted for upon such Act or Acts before Christmas , one thousand six hundred sixty seven , shall be appointed Receiver for any the moneys due by this Act , and shall intermeddle therein ; every such person shall forfeit the sum of five hundred pounds , to be recovered by any person or persons that will sue for the same in any of his Majesties Courts of Record , by Action of Debt , Bill , Plaint or other Information , wherein no Essoin , Protection , Wager of Law , Aid Prayer , Priviledg , Injunction or Order of restraint shall be in any wise prayed , granted or allowed , nor any more then one Imparlance .

And be it Enacted by the Authority aforesaid , That where any money shall by vertue of this Act be assessed upon any Inhabitants or place , being within any Castle , Fort or Garrison , if such money so assessed be not paid within twenty dayes after such Assessment , That then the Commissioners for such places shall make Certificate thereof unto the Barons of the Exchequer , who shall cause such Proceedings to be had for the recovery thereof , as for any other Debt due to his Majesty .

Provided always , and be it Enacted by the Authority aforesaid , That in case any part of the moneys which shall be raised by vertue of this Act , or any other Act or Acts of this present Parliament , shall be assigned or issued for and towards the Victualling of his Majesties Navy , the same shall be subject to no charge , nor shall any manner of Fee or deduction be taken or made out of the same to any other Officer or person whatsoever , save only the usual Fees in such cases due and payable to the Tellers , and other his Majesties Officers of the Exchequer .

And be it further Enacted by the Authority aforesaid , That no Letters Patents granted by the Kings Majesty , or any of his Royal Progenitors , or to be granted by his Majesty to any person or persons , Cities , Boroughs or Towns Corporate within this Realm , of any manner of Liberties , Priviledges or Exemptions from Subsidies , Tolls , Taxes , Assessments or Aids , shall be construed or taken to exempt any person or persons , City , Borough or Town Corporate , or any the Inhabitants of the same from the burthen and charge of any sum or sums of money granted by this Act or any other Act of this Parliament now in force , to the aid and supply of his Majesty in the present War . And all Non obstantes in any such Letters Patents made or to be made in bar of any Act or Acts of Parliament , for the Supply or Assistance of his Majesty , are hereby declared to be void and of none effect , any such Letters Patents , Grants or Charters , or any Clause of Non obstante , or other matter or thing therein contained , or any Law or Statute to the contrary notwithstanding .

FINIS .